Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 149, 201, 218, 120B -- Bail - Offence u/ss 302, 307, 148, 149, 201, 218, 120-B IPC - As per prosecution, photographs coupled with report of mechanic who had inspected motorcycle and various other circumstances and discrepancies in statements of prosecution witnesses, it is evident..........
Criminal Procedure Code, 1973, Section 235 -- Quantum of sentence - In proportionality analysis, it is necessary to assess seriousness of an offence in order to determine commensurate punishment for offender - Seriousness of an offence depends, apart from other things, also upon its harmfulness...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Provisions of S.37 of NDPS Act, overrides provisions under Cr.P.C with regard to grant of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Narcotic Drugs and Psychotropic Substances Rules, 1985, Rule 66, Criminal Procedure Code, 1973, Section 439 -- Recovery of more than 100 gms of Alprazolam - Recovery falls within ambit of commercial quantity of recovered substance - Petitioner thus, not entitled to benefit of S.37 of Act, irrespective of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379 -- Dismissal of complaint - Quashing of order - Offence u/s 379 IPC - In the complaint crucial details i.e. date of commission of theft not mentioned - Date of theft disclosed for first time in preliminary evidence as adduced by complainant, wherein it was alleged that offence of theft was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 376, 506, 120-B IPC and S.3 of SC&ST Act - Statement of young prosecutrix has been recorded and that proceedings before trial Court have been stayed in quashing petition..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mentioning a wrong provision of law in FIR should not be a ground for rejecting prosecution case and also not a ground for granting anticipatory bail to accused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 295A, 153A -- Anticipatory bail - Comments posted on face book to insult members of Islam religion - Prima facie comments made by petitioner on prophet are not statements made unwittingly or carelessly - Tone and tenor of comments indicate that they were made by him with deliberate and malicious..........
Criminal Procedure Code, 1973, Section 156 -- Direction to CBI to convert preliminary enquiry into FIR - Matter regarding misuse of official position and causing loss to public exchequer - Involvement of public servants, loss of public exchequer and offences regarding national and international ramifications necessitating investigation by CBI not found in preliminary..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Police submitted negative final report against petitioner and matter was kept pending u/s 173(8) Cr.P.C against petitioner no.2 - No overt act was assigned to petitioners in the statements of witnesses - More so, all injured witnesses not examined so far - Since matter was kept pending u/s..........
