Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Pre-arrest bail is a discretionary relief and is to be granted in exceptional cases and not in routine...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Cheating - Accused received Rs.1.7 lakhs from complainant for Canada Visa - However, accused neither arranged visa for complainant for Canada as promised nor returned money and passport rather threatened to kill her - DSP who had conducted inquiry had found merit in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Material available on record make out a prima facie case against accused at this stage - There appear to be sufficient ground for proceeding against accused - Pure questions of fact arises in the application which may be..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 330 kg Ganja Patti - Conscious possession of contraband viz-a-viz title of land from where it was recovered would remain debatable - It would also be debatable as to whether recovery of Ganja would fall at par with Charas - Trial of case may..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Further investigation - Final report on basis of dying declaration - Plea that dying declaration was manufactured and frivolous and that there was no dying declaration of deceased - This fact not investigated by I.O. - Final report..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, 338, 201, Motor Vehicles Act, 1988, Section 187, 181, 196 -- Quashing of FIR - Accident - Compromise arrived at between parties and is genuine - Complainant has no objection if FIR is quashed and accused is acquitted from charges framed against him - High Court has inherent power to..........
Criminal Procedure Code, 1973, Section 273 -- Recording of evidence in presence of accused - Non-compliance of - Murder case - PWs were examined in absence of accused and on those dates no specific reasoned order was passed by Trial Court for the same - Pleader of accused not gave any version or statement that he was authorized by accused to examine witnesses in his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 519 gms hashish - Prosecution collected enough material to link accused with trafficking of narcotics - No substantial probable cause for believing that accused is not guilty of offence charged - It would not be possible to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal against conviction - Direction to deposit 20% of compensation amount - Accused does not have any source of income, as her financial condition is very weak - Husband of accused died, who was sole earning member of family - Accused..........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - Non-bailable warrants issued against accused - Anticipatory bail application of accused rejected - Same relief which was claimed by accused in his anticipatory bail application, has again been prayed in present application u/s 482 Cr.P.C - No ground for indulgence to be granted to accused - Application u/s 482..........
