Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Cruelty - Investigation of case is complete - Trial Court yet to take a call on report filed by police - Petitioners had already been in jail around a year - Bail granted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence on record to show that A-2 and A-3 ever committed theft of wood from fields of deceased or deceased made any complaint against them or to any higher authorities or lodged any FIR to the effect that accused used to abuse deceased or demanded damages or expenses from him - There is thus, no iota of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 120B -- Anticipatory bail - Kidnapping - Victim was 17 years old at the relevant time, has moved out of house at dead of night of her own and contacted marriage with petitioner - Legality and validity of said marriage has never been challenged till date - Debatable issue having arisen..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Evidence of medical officer shows that he noticed multiple external and internal injuries on the person of deceased - Thus, evidence of medical officer shows that death of deceased was homicidal - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive - Evidence on record shows that at the instance of accused no.1 dead body of deceased was recovered from the place which was exclusively within his knowledge - Even, evidence of medical officer who conducted postmortem shows that injuries noticed on..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Only evidence brought on record against accused no.2 is that on the day of incident he purchased on e rum bottle which cannot be said to be incriminating circumstance - Even, recovery of other articles at the instance of accused no.2 is not useful to..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, Punjab Travel Professionals Regulation Act, 2014, Section 13 -- Bail - Offence u/ss 406, 420 IPC and S.13 of Punjab Travel Professional Act - As per the prosecution, petitioner and co-accused used to visit his shop and represented that they could send complainant and his brother abroad..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of drugs - Representative sample was not drawn or if drawn then same is withheld by prosecution - I.O produced bulk case property, second sample before Court during trial - It also created doubt with regard to drawing of representative samples - S.52-A of the Act is mandatory in nature -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of drugs - Non-compliance of S.50 of the Act - I.O suspected some contraband in personal possession of accused before search - However, accused was not properly apprised of his right to get search of his person - There is thus, complete violation of mandatory provision of S.50 of the Act -..........
