Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory period of 90 days to complete the investigation expired - Bail application filed by petitioner much prior to filing of charge sheet - Subsequent filing of charge sheet shall not frustrate the petitioner's indefeasible right for being released on bail u/s 167(2) Cr.P.C. - Application allowed...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Discharge - Illegal gratification - Mere recovery of a sum of Rs.20,000 from public servant cannot be categorized as obtaining pecuniary advantage by corrupt or illegal means, nor it is a case of abuse of his position as public servant by accused, particularly when..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 357 -- Conviction u/s 302 IPC - Imposition of fine - It is not mandatory to impose fine in addition to substantive sentence of imprisonment for offence punishable u/s 302 IPC, though it is desirable to impose fine having regard to facts and circumstances of case and power conferred u/s 357 Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d) -- Complaint - Dismissal against some of the accused - After dismissal of complaint u/s 203 Cr.P.C. Court cannot revert back to pre-cognizance stage to invoke power u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d) -- Complaint - Dismissal against some of the accused - When Court exercises power u/s 203 Cr.P.C. there is the end of the matter - In such case, Court cannot revert back to pre-cognizance stage as against the remaining accused...........
Criminal Procedure Code, 1973, Section 203, 2(d) -- Complaint - Rejection of complaint against some of the accused - When there are not sufficient grounds against a particular accused, complaint can be dismissed against him and the earliest stage to pass such an order is the one contemplated u/s 203 Cr.P.C. and not earlier...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Ante-timed FIR - Murder - FIR lodged after deceased admitted to hospital and declared dead by Doctor - Promptness with which FIR was lodged by PW1 rules out the possibility of any deliberations and consultations or police interference having preceded lodging of FIR with the object of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cannot be claimed as a matter of right either by informant or accused - Court can give direction commanding further investigation by I.O u/s 173(8) Cr.P.C., after charge sheet is filed...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 377, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Further investigation - Narco-Analysis/Brain Mapping Test - Unnatural offence - Evidence recorded in course of Narco Analysis Test is not admissible evidence and it will be hazardous situation to permit any accused to..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is not concerned with proof but with a strong suspicion that accused has committed an offence, which if put to trial could prove him guilty - Final test of guilt is not to be applied at this stage...........
