Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Murder - Mere non-receipt of viscera report alone would neither render the investigation incomplete nor render the Magistrate unable to take cognizance, particularly when case is based on eye witness account wherein the identity of deceased is not in dispute and furthermore, the manner in which the injuries..........
Criminal Procedure Code, 1973, Section 73 -- Issuance of non bailable warrants for the reason mentioned in final report that accused did not co-operate with investigation during crime stage and that he absconded immediately after the incident - Non bailable warrants issued without issuing summons - Accused expressed his willingness to appear to take bail - An opportunity..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence under SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under SC/ST Act, particularly, when offences alleged to have been committed under the Act are prima facie not made out...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - No whisper of allegation against accused by victim much less of commission of offence u/s 3 of SC/ST Act - Anticipatory bail granted to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Non-appearance of accused - Not a ground for cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail already granted may be cancelled if it is found that person who has been granted benefit of bail has violated any of conditions or misused the liberty by influencing the witnesses or tampering with the evidence...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet against accused filed within prescribed time limit and cognizance taken - Right of statutory bail to accused is not available on the ground that investigation qua other accused is pending...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Pendency of further investigation qua other accused or for production of some documents not available at the time of filing charge sheet would neither vitiate chargesheet nor would it entitle accused to claim right to get default bail on the ground that charge sheet was an incomplete charge sheet or that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Allegations as levelled in the FIR are lacking on the point of showing that there was any abetment on the part of accused in the form of instigation, conspiracy or intentional aid as provided u/s 107 IPC - No purpose would be served by detaining..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence - Condition to deposit 20% of cheque amount - If accused is able to make out a ground for reduction of percentage (20%) or for exemption to deposit, same has to be considered by appellate Court before directing deposit of compensation amount as a condition while suspending..........
