Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant suffered custody of 11 years and about 5 months of awarded sentence of 12 years of R.I. - There is no hope of appeal coming up for final hearing in near future - However, considering the fact that appellant had several antecedents in some of which he was acquitted and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - Objections to the effect that property does not belong to accused can also be raised within six months from the date of such attachment - However, it does not bar raising of objection prior to attachment...........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - If a third party raises an objection prior to attachment of property, Court has to decide the same and if Court comes to conclusion that property does not belong to accused, Court can pass an order, either declining to attach property or withdraw attachment order...........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528), Protection of Women from Domestic Violence Act, 2005, S.12 - Quashing of application filed u/S. 12 of DV Act - HC can quash the proceedings initiated from the application filed u/s12(1) DV Act only in cases of gross illegality or gross injustice...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Two round of litigations - Lok Adalat award in the first round of litigation - In the second round of litigation order of interim maintenance passed - Wife cannot seek recovery of maintenance on the basis of compromise arrived at by parties before..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - FIR disclosed nothing more than a commercial relationship which broke - Dispute involved appears to be of civil nature for which continuation of criminal proceedings cannot be allowed - None of ingredients of any of offences complained against..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 427, 34, 120B -- Bail - Murder - Accused may have carried injured victim to Hospital who later died, but he was actually brought dead to hospital - This fact will have to be considered de hors from the fact as to who actually had committed offence in the first place - Trial Court has..........
Indian Penal Code, 1860, Section 409, 420, 120B, 34, 37 -- (Bharatiya Nyaya Sanhita, 2023, Ss.316(5), 318(4), 61(2), 3(5), 3(8)), Prevention of Corruption Act, 1988, Ss.7, 7A, 8, 13(1)(b), 13(2), Criminal Procedure Code, 1973, S.438 (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Offence u/Ss.409, 420, 120-B, 34, 37 IPC and 7, 7A, 8, 13(1)(b), 13(2) PCA - Anticipatory..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Custodial interrogation - Interrogation of influential person involved in corruption cases, is important for disinterring useful information and concealed material - However, success in such interrogation would elude if the suspected person knows that he is..........
