Criminal Procedure Code, 1973, Section 173(8) -- Cognizance taken - Further investigation - Held, further investigation can be directed even when cognizance has been taken and material collected during such investigation has to be brought to the notice of court concerned...........
Criminal Procedure Code, 1973, Section 305 -- Trial - Appointment of representative - Permissibility of - Plea of petitioners that they being Managing Director and Director of company also can invoke provisions of S.305 of the Code and pray for appointment of representative for themselves in order to represent them before trial court during course of trial - Held, plea..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 216 -- Revision against conviction u/s 417 IPC - Offence found to be committed u/s 138 Negotiable Instruments Act - Offence u/s 417 IPC altered and accused held guilty u/s 138 NI Act - Keeping in view the long continuation of proceedings accused..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Evidentiary value of - Deposition of PW15, J.M.F.C. who recorded confession shows that accused after being produced before him was kept in charge of court sub-inspector, who produced him before Magistrate and was also present in his chamber when confessional statement was recorded - Held, law is well settled that a..........
Criminal Procedure Code, 1973, Section 437, 439 -- Cancellation of bail - Court granting bail approached for cancellation of same - Held, bail can be cancelled on the ground of change of circumstances which includes breach of bail conditions by accused after his release on bail...........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - State aggrieved by order granting bail - No new circumstance emerged - Held, State can move High Court u/s 439(2) for cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2), 437(5), 482, Constitution of India, 1950, Article 227 -- Cancellation of bail - Inherent powers - Bail granted to accused, but accused not released - No change in circumstances - Provision of S.437(5) and 439(2) cannot be invoked to cancel bail under such circumstances - However, High Court can decide the application for..........
Criminal Procedure Code, 1973, Section 437(1) -- Proviso - Bail on medical grounds - Accused involved in offences which entail life imprisonment - Nothing to show that condition of accused was serious - Investigating Officer made simple statement that accused was under medical treatment and few tests are to be carried out on him - Magistrate did not obtain report from..........
Criminal Procedure Code, 1973, Section 167, 437(5) -- Default bail - When can be Cancelled? - Held, where charge-sheet is not submitted against arrested accused within statutorily prescribed period of 60, 90, or 180 days, as the case may be, arrestee acquires a right to be released on bail - In such circumstances, court is bound to direct his release on bail with or..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - cognizable offence disclosed - When cognizable offence is disclosed it is duty of concerned Court to order for registration and investigation of the offence...........
