Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 120B -- Bail - Offence u/ss 409, 120-B IPC - Charges are yet to be framed - Prosecution proposes to examine 18 witnesses to support its case - Appellant is in custody since 16.9.2023 - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 342, 325, 394, 34 -- Bail - Attempt to murder - Three key witnesses of prosecution have been declared hostile - Appellant is behind bars for more than 2 years and only 5 out of 17 PWs have been examined till date - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Cheating - Appellant is in custody since 23.9.2024 - Charges have not yet been framed because investigation against an absconding accused is still continuing - Appellant voluntarily undertakes to make a payment of Rs.2,75,000 - Bail granted with conditions...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304, 34 -- Bail - Offence u/ss 304, 34 IPC - Petitioner and his wife are stated to have given slaps and a kick blow to deceased who fell down and subsequently after being hospitalized he came to be discharged and then passed away - Whether offence is one u/s 323 IPC or S.304(Part I)PC..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Burden and standard of proof - The burden to prove legal insanity is on accused - However, accused is not required to prove the same beyond all reasonable doubt - The standard of proof to prove insanity is only a reasonable doubt...........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - No act done by lunatic is an offence because a lunatic is not in the position to defend himself...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, 324, 427, 447, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Offence u/ss 323, 324, 427, 447, 504, 506 IPC in question are compoundable offences as per S.320 Cr.P.C and offence u/ss 307, 324 IPC are non-compoundable offences - However, since offences arise from..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 376(2)(n) -- Framing of charges - Rape - Promise to marriage - Not even single averment made in complaint that accused refused to marry victim or that marriage between them became impossible - Even, parties maintained relationship for 5 long years which makes it difficult to hold that sexual..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 417, Dowry Prohibition Act, 1961, Section 4 -- Framing of charges - Cheating - False promise to marry - No recital in FIR or charge sheet that Rs.5 lacs is demanded at time of construction of house - Even, statement of victim's mother nowhere shows that Rs.5 lacs is paid by her - Moreover, as per..........
