Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 454 -- Bail - Challan against accused has been filed in Court, however, charge is yet to be framed - Accused not named in FIR and recovery has already been effected partially after arrest that accused in judicial custody and offences are triable by Court of Judicial Magistrate and trial is at..........
Indian Penal Code, 1860, Section 498A -- Preventing the misuse of offence u/s 498-A IPC - Directions issued : (i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in..........
Constitution of India, 1950, Article 21 -- Speedy trial - Directions issued: (i) High Courts may issue directions to subordinate courts that: (a) Bail applications be disposed of normally within one week; (b) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra-judicial confession - Accused was all along in custody of police, thus it is highly unbelievable that he has gone to Village Administrative Officer and made extra judicial confession - Oral extra judicial confession held doubtful - Even otherwise, extra judicial confession is weak piece..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Chit Fund Scam - In the instant case, accused is involved in financial scam affecting lakhs of depositors - Accused is in judicial custody from last 15 months and is suffering from various ailments - As per material available on record, further confinement of accused in judicial custody is not indispensable necessity for..........
Criminal Procedure Code, 1973, Section 209 -- Remand by Magistrate to judicial custody after submission of charge sheet but before taking cognizance of offence in a Sessions case, is a valid remand, notwithstanding the fact that in the order sheet of concerned cases, there being no such order saying that `cognizance has been taken'...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Main Service Regulation, 1972, Volume I, Part I, Regulation 7.3 - Petitioner on account of his arrest by police remained in police custody and then judicial custody - By stretch of imagination, said period cannot be treated as duty period - Thus, it was rightly treated as leave of kind due...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is a habitual offender and several cases pending against him - Crux of the charge against accused is that he entered into an conspiracy and in furtherance thereof, had eliminated a witness in an earlier case against him - Accused was in judicial custody on..........
Indian Penal Code, 1860, Section 302, 376, 404, 201, Evidence Act, 1872, Section 24 -- Murder - Rape - Extra judicial confession made before Village Administrative Officer PW12, to save himself from any adverse, physical handling by investigating authorities - PW12 was totally unbiased and unconnected with controversy in hand and not inimical to accused - PW12 was..........
Criminal Procedure Code, 1973, Section 306 -- Tender of pardon - Provision contains some discrimination between persons who are already on bail and persons who are in judicial custody - If an accused already on bail accepts tender of pardon, he cannot be detained in custody u/s 306(4)(b) Cr.P.C. - Provision can be applied only in case of an accused who has been in judicial..........
