Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Offence u/ss 420, 467, 468 & 471 IPC - Accused already suffered incarceration for a period of 02 years, 02 months and 21 days - Out of total 11 prosecution witnesses, none has been examined so far - Conclusion of trial will take long time - Denial of bail on ground of..........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Arms Act, 1959, Section 30, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 30 of Arms Act - Cognizance of offence - Limitation - Offence u/s 30 of Arms Act being punishable upto 6 months imprisonment, therefore no Court can take cognizance after period of one year - In the instance case, arms licence of petitioner expired in Aug 2011 and he kept gun with him..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 511 -- Forged documents - Handwriting and signatures on alleged forged documents were not compared with standard handwriting and signature of petitioner - More so, in the absence of cross-examination of I.O. to prove the alleged documents completely suffocates the case of prosecution - Drawing an adverse inference..........
Criminal Procedure Code, 1973, Section 468, Indian Penal Code, 1860, Section 406 -- Limitation - Offence u/s 406 IPC - Offence committed one and a half month prior to lodging of FIR - FIR lodged within period prescribed u/s 468 Cr.P.C - Proceedings cannot be quashed on the ground same being hit by S.468 Cr.P.C...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Forged sale deed - Trial Court itself examined the thumb impression of vendor on sale deed and after discussing the evidence on record acquitted the accused - Suit filed by vendor for cancellation of sale deed was dismissed by Civil Court - There is no illegality, irregularity or impropriety in impugned orders of..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 420, 511, 468, 471 -- Probation - Offence u/ss 420, 511, 468, 471 IPC - Accused had undergone trauma of criminal trial for last so many years - He has no criminal antecedents - None of offences in which accused was convicted, entail the punishment of death or imprisonment of life - Benefit of..........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
