Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132(1), (c), (f), (h) -- Bail - Offence u/s 132(1), (c), (f), (h) of Central Goods and Services Tax Act - Appellant is in custody for a period of almost 7 months - Case is triable by a Court of a judicial Magistrate - Sentence is limited and prosecution is based on documentary..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Reduction of sentence - Occurrence pertains to the year 2000 and as many as more than 24-1/2 years have passed ever since then - Accused does not have any criminal antecedents and is a first time offender - Therefore, subject to payment of fine as imposed and payment of Rs.1 Lac as compensation to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Matter between parties is of civil in nature - Petitioner is not involved in any other case - He is a person of clean antecedents - Petitioner is ready and willing to join investigation - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 195 -- Offence u/s 174-A IPC - Criminal prosecution u/s 172 to 188 IPC can only be initiated through a written complaint filed by concerned public servant or another public servant to whom they are administratively subordinate - However, instead of adhering to this legal requirement, Magistrate..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Court issued proclamation straight away without recording any reasons to indicate that petitioner has absconded or is concealing himself from process of law - Conspicuously, no summons or bailable warrants were issued prior to issuance of proclamation - Presence of accused first ought to have been secured by..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence in an appeal - There should be strong compelling reasons for grant of bail, notwithstanding an order of conviction by suspension of sentence and such strong and compelling reasons must be recorded in the order granting bail...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - Summoning of a new witness whose name does not appear in array of witnesses cited by prosecution and whose statement has not been tested during investigation, at an advanced stage of trial, when most of prosecution evidence had already been led and matter was proceeding towards conclusion, would disrupt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner has already suffered incarceration of 1 year 29 days and is a person of clean antecedents - Recovery of contraband effected is marginally over and above the commercial quantity - Similarly situated co-accused has already been..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Criminal conspiracy - Accused has been roped in commission of offence with aid of S.120-B IPC - However, same has not been proved by leading any cogent evidence - Most important witnesses `P' in whose house conspiracy is alleged to have been hatched is not a prosecution witness - There is no other independent witness..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Act of company creating/establishing shell companies and circulating monetary transactions through these companies itself was an indicator of an intention of deceit - High Court committed error by quashing proceedings on the premise that there were..........
