Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 323, 148, 149 -- Bail - Offence u/ss 307, 326, 323, 148, 149 IPC - Petitioner is in custody for over 6 years - Injury which is attributed to him is on non-vital part of the body of injured - As conclusion of trial is likely to take some time, bail held, granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 21.8 gms buprenorphine - Petitioner is in custody for over a year - Petitioner not involved in any other case under NDPS Act - Conclusion of trial is likely to take some time - Bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 384, 506 -- Quashing of FIR - Compromise - Rape - It is evident that complainant has solemnized marriage with petitioner no.1 - FIR itself shows that parties were in love with each other and it was subsequent on account of petitioner not having agreed for marriage that FIR came to be lodged -..........
Criminal Procedure Code, 1973, Section 439, 154 -- Bail - Multiple FIRs - Arising out of same subject matter at different places - Petitioner directly granted bail by Supreme Court in exercise of its writ jurisdiction under Art.32 of Constitution...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused not examined his daughter-in-law as a witness during course of arguments on application of suspension of sentence - Application u/s 391 Cr.P.C filed by accused to fill up lacuna in case - Accused was granted opportunity to lead his defence evidence by trial Court - He had not led..........
Criminal Procedure Code, 1973, Section 451 -- Seized property - Sale of property which is not subject to speedy and natural decay, shall not be permitted or ordered as a matter of course - It is necessary that Court shall be satisfied that it is expedient to sell property in given set of facts and circumstances...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Interim custody - Preservation of property during trial of case - It is not necessary that original property inevitably has to be preserved and produced - Reception of secondary evidence is permissible - Instead of producing original property production of photographs of property, depicting all..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized ornaments - Condition not to alter or dispose of silver and gold ornaments till final disposal of case - Ornaments were articles of business conducted by petitioner which were robbed from his possession - If petitioner is not granted permission for sale of ornaments, it would cause undue hardship to him - He..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Recovery of 5 kg 10 gms Opium - Recovery effected from Truck - Accused `L' neither owner of truck nor police has collected any evidence to connect him with the recovery of contraband - Question as to whether he was working as conductor over truck and was..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 498A, 306 -- Discharge - Cruelty - Abetment of suicide - Death by burning - Deceased was immediately after having suffered burns, admitted to hospital - She herself stated before Medical Officer that she accidentally caught fire when she was carrying a can of kerosene oil to her kitchen for..........
