Criminal Procedure Code, 1973, Section 102 -- Seizure of property - Freezing of bank account - Respondent after freezing account of petitioner not only informed to Magistrate about freezing of account but also informed petitioner regarding the same - Said communication was duly received by Magistrate - Procedure contemplated u/s 102 Cr.P.C thus, duly followed - Freezing of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Whenever a person approaches High Court or Court of Session for issuance of a direction u/s 438 Cr.P.C., then it is incumbent for him to establish the first and foremost condition of apprehension or likelihood of his arrest on the accusation of having committed a no, bailable offence - Once such a..........
Criminal Procedure Code, 1973, Section 439 -- To seek benefit of regular bail person applying for bail should be in custody...........
Criminal Procedure Code, 1973, Section 439 -- Provisions of S.438 Cr.P.C. are not attracted after the arrest of accused in a particular offence...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Anticipatory bail - Offence u/ss 22, 61, 85 NDPS Act - Petitioner filed application u/s 439 Cr.P.C. for grant of regular bail and concession of interim regular bail was extended on specific ground that FSL report was awaited - Upon filing of FSL report by..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/s 25 Arms Act - Allegation of recovery of 2 live cartridge and .32 bore pistol - As petitioner is in custody since 2018 and trial of the case still to take some more time therefore, no useful purpose would be served by detaining petitioner behind bars - Bail granted...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for further cross-examination - Accused sought cross-examination of PW1 on the ground that some material questions transpiring strong animosity between parties, because of pendency of several criminal cases between them, could not be put to witness during cross-examination - Though three opportunities were..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Delay in FIR - Offence u/s 376 IPC - Delay per se is not a mitigating circumstance for accused when accusation of rape are involved...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When appeal is against a judgment of acquittal, appellate Court is required to be more circumspect, as there exists a presumption of innocence of an accused and this presumption gets reinforced when such a person is acquitted by trial Court - In such a situation, Appellate Court would interfere only..........
