Criminal Procedure Code, 1973, Section 439 -- Bail - Economic offences would fall under category of "grave offence" and in such circumstance while considering application for bail in such matters, Court will have to deal with the same, being sensitive to nature of allegation made against accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Irrespective of nature and gravity of charge, precedent of another case alone will not be basis for either grant or refusal of bail though it may have a bearing on principle...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Allegation against appellant is that he has aided illegal transactions being Finance Minister to co-accused, who is his son - However, complicity of appellant will have to be established in trial -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 509 -- Anticipatory bail - Outraging modesty of woman - Prosecutrix was harassed in 2017, but no report made by her in this regard - Alleged incident occurred in 2019 and report was lodged after one month - It is thus, a fit case for grant of anticipatory bail to accused - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, Court has to see if there is sufficient ground for proceeding against accused - While evaluating materials, strict standard of proof is not required, only prima facie case against accused is to be seen...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - For framing of charges, judge is not required to record detailed reasons...........
Criminal Procedure Code, 1973, Section 482, 228, Indian Penal Code, 1860, Section 302, 34 -- Quashing of charges - Murder case - There is sufficient ground for proceeding against accused and frame charges against accused - At the stage of framing charge, Court is not required to hold an elaborate enquiry, only prima facie case is to be seen - High Court committed error in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted u/ss 8/18 and 8/25 of NDPS Act - Accused undergone of more than half of actual imprisonment - Early disposal of appeal appears unlikely - Sentence of accused thus, suspended with..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be adjudicated upon u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of summoning order - Misappropriation of Streedhan - Prima face case is made out against accused as per material on record and looking into facts of case - Disputed question of fact cannot be adjudicated upon u/s 482 Cr.P.C - Petition dismissed...........
