Criminal Procedure Code, 1973, Section 439 -- Bail - Mere omission to pass a formal remand order, does not by itself, entitle an accused to bail - Cumulative effect of long period of incarceration, consistent failure of authorities to comply with production warrants, and absence of valid remand orders cannot be overlooked - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Despite repeated issuance of production warrants on multiple dates, jail authorities have consistently failed to produce petitioner before trial Court - Persistent non-compliance has resulted in the prolonged incarceration of petitioner without benefit of a valid remand order or even opportunity to be heard before Court..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Power to remand an accused to judicial custody is a crucial judicial function that must be exercised with due diligence and in strict compliance with procedure established by law - A lapse in this regard strikes at the very root of personal liberty - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner has been in custody since 09.03.2023 - He was initially remanded to police custody upon production before Magistrate and was subsequently remanded to judicial custody - However, subsequent to filing of challan, trial Court did not pass any formal or express order extending judicial remand of petitioner - Even,..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - Cannot be sustained in absence of conditional order...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Tehsildar specifically mentioned in his report that drain was constructed for discharging water of house of complainant and one `K' - Respondent constructed the house which caused blockage of drain - Complainant admitted that he had not specified khasra number of drain - No demarcation was obtained..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - SDM proceeded u/s 133 Cr.P.C without passing a conditional order - Passing of conditional order gives jurisdiction to SDM to proceed further - He treated private dispute as a public dispute - SDM thus, committed jurisdictional error which can be rectified in proceedings u/s 482 Cr.P.C. - Order of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If a person offers to maintain his wife on condition of her living with him and she refuses to live with him, then Magistrate may consider any grounds of refusal stated by her and may make an order u/s 125 Cr.P.C notwithstanding such offer, if he is satisfied that there is just ground for doing so...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband never offered to maintain his wife - Stand taken by husband in his reply cannot be said to be an offer made by husband - Maintenance @ Rs.3000 rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Mere statement of complainant which is not substantiated by any credible material cannot be ground to invoke discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
