Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 316, 34 -- Bail - Dowry death - Contents of FIR reflect that immediately after marriage husband and mother-in-law of deceased started taunting deceased that her parents have not given motor-cycle, thus, demand of dowry if any, is against husband and mother-in-law and not against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 395, 397, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 379-B, 395, 397 IPC and S.25 Arms Act - Apart from disclosure statement there is no evidence against the petitioner - Even, no test identification parade was conducted - Keeping in view the facts and period of incarceration already..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - It cannot be said that document in question was forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Initiation of process in departmental proceeding, especially on charges of sexual harassment can never be said to be amounting to contempt of Court even if criminal proceedings were pending...........
Service -- Termination - Departmental proceedings - Whether any criminal trial was pending or not would not have any bearing on pending issue before Inquiry Committee...........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Report stating that no offence is made out - Any of the following courses can be adopted by Magistrate : (i) he may accept report which was filed by police in which case proceedings would stand closed; (ii) he may not accept report and may take cognizance in the matter on basis of such final report which was..........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Police filed final report stating that no offence is made out against accused - Directions issued by Magistrate directing police to file charge sheet is thus, unsustainable...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85 -- Bail - Offence u/ss 21, 61, 85 NDPS Act - Petitioners have been inculpated on the basis of disclosure statement - Petitioners are in custody from 1 year and 8 months and out of 23 witnesses not even a single witness has been examined - Keeping in view the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 23, 29, 60, 61 -- Bail - Offence u/ss 8, 21, 23, 29, 60, 61 - Recovery of about 2 kgs of heroin from the fields of co-accused and after his arrest he named petitioner as one of the members of the gang - Apart from disclosure statement, there is no other evidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 370, 420, 120B, Punjab Anti Human Smuggling Act, 2012, Section 13 - - Bail - Offence u/ss 370, 420, 120-B IPC and S.13 of Punjab Anti Human Smuggling Act - Petitioner is in custody since 2018 and out of total 9 prosecution witnesses only 2 material witnesses have been examined - Even, no other..........
