Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 323 -- Benefit of probation - Offence u/s 323 IPC - Accused convicted only u/s 323 IPC and acquitted under remaining offence - There is no criminal history alleged against accused - Accused is a farmer and belongs to a very humble and village..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complainant not cross examined despite providing opportunities - Petitioner provided an opportunity, in the interest of justice, to cross examine complainant subject to payment of costs of Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by Court while exercising its discretion...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - Cheating - Petitioner joined investigation and nothing remains to be recovered - Custodial interrogation of petitioner is not required - Petitioner has carved out a case for himself - Bail allowed with..........
Criminal Procedure Code, 1973, Section 254 -- Summons case - Dishonour of cheque - Defence evidence - Rejection of prayer of accused to produce evidence, despite the fact that u/s 313 Cr.P.C, a question was put to him giving option to lead defence evidence in response whereto accused has expressed his intention to lead evidence, is not sustainable being contrary to..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Not maintainable against interlocutory order...........
Criminal Procedure Code, 1973, Section 397(2), Evidence Act, 1872, Section 45 -- Revision - Maintainability - Order u/s 45 of Evidence Act is an interlocutory order against which revision is not maintainable, as such an order does not decide anything finally resulting into culminating main proceeding of case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 294(b), 34, 114 -- Bail - Murder case - Accused is in jail since Oct 2018 - Investigation is concluded and charge sheet is filed - Allegation leveled against accused are almost similar to that of co-accused, who has been enlarged on bail - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 482 -- Irregularity in investigation - If cognizance is taken on a Police Report vitiated by breach of a mandatory provision relating to investigation, there can be no doubt that result of trial cannot be set aside unless illegality in investigation has resulted in miscarriage of justice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Recall of complainant - Dishonour of cheque - Recall of complainant to prove certain documents which is not done cannot be construed to be an act of prejudice - Opinion of trial Court that it was essential for just decision of case cannot be said unjust or illegal - Application..........
