Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Conviction on the basis of statement made u/S. 161 Cr.P.C - Merely because the story come out of the mouth of IO, it cannot be believed and a legal sanctity given to it, higher than that provided to S.161 statements u/s 162 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 325, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - No specific allegation of any physical violence except for vague statements made by wife about she having been beaten up, in which she sustained a fracture and having been subjected to physical and mental torture..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Anticipatory bail - Offence u/ss 353, 186, 379 IPC and S.21 of Mines and Minerals Act - Petitioner is alleged to have done illegal mining by using a tipper vehicle which was driven by him - Said vehicle already..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - Use of criminal force or assault on a public servant is essential to attract S.353 IPC...........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 353 IPC - Quashing of FIR - Uncontroverted allegations in chargesheet do not disclose use of force or holding out threatening gestures giving rise to an apprehension of use of force towards public servant - Physical movement of labourers would not amount to use of force far less..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted to petitioner - Petitioner co-operating and participating with investigation - Interim protection granted by Supreme Court vide its earlier order made absolute with direction that petitioner shall not be arrested provided he continues to co- operate and participate with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 120B -- Bail - Offence u/ss 409, 120-B IPC - Charges are yet to be framed - Prosecution proposes to examine 18 witnesses to support its case - Appellant is in custody since 16.9.2023 - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 342, 325, 394, 34 -- Bail - Attempt to murder - Three key witnesses of prosecution have been declared hostile - Appellant is behind bars for more than 2 years and only 5 out of 17 PWs have been examined till date - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Cheating - Appellant is in custody since 23.9.2024 - Charges have not yet been framed because investigation against an absconding accused is still continuing - Appellant voluntarily undertakes to make a payment of Rs.2,75,000 - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - There must exist tangible and cogent reasons for summoning a witness again for re-examination or cross-examination - Applicant is required to demonstrate necessity of recalling witness to ensure a fair trial - Recall of a witness is not to be permitted as a matter of course rather discretion conferred upon..........
