Criminal Procedure Code, 1973, Section 395 -- Reference to High Court - Power of Metropolitan Magistrate (MM) to grant bail in case of offence punishable Life imprisonment - MM has power to release on bail a person accused of commission if a no, bailable offence subject, however, to conditions in S.437(1)(i)(ii) Cr.P.C. - Reference disposed of...........
Criminal Procedure Code, 1973, Section 395(2) -- Reference to High Court - Magistrate can refer the question of law to High Court if such question arose `in any case pending before the Court' - Further such question of law should arise in the hearing of such case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Jat Agitation - CBI even after more than one year of arrest of petitioners and registration of case is still on investigation track - CBI is..........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 395, 397 -- Release of seized property - Robbery - Admittedly stolen property was recovered from accused and are in custody of complainant - However, stolen property in the form of jewels were pledged with petitioner/Finance company - Petitioner is legitimately entitled to stake its rightful..........
Indian Penal Code, 1860, Section 450, 395, 367, 323, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of offence - Disputes between parties settled and joint statements filed - Certain other disputes over property also settled - Request by parties for compounding offences so as to save institution of marriage - Held, offences alleged against appellants..........
Indian Penal Code, 1860, Section 392, 395, Criminal Procedure Code, 1973, Section 439 -- Robbery - Dacoity - Bail - Petitioner was earlier released on bail for offence u/s 392 IPC - Offence u/s 395 IPC was added later, in view of supplementary statement of complainant - Challan already presented in Court - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 395(1) -- Reference to High Court - Requirements for - Held, Court must itself be satisfied that a case involves question as to validity of an Act and that declaration of which is necessary for disposal of case - Further requirement that Court itself must be of opinion that Act is invalid but has not so been declared by High Court or..........
Criminal Procedure Code, 1973, Section 395 -- Reference to larger bench - Pendency of reference does not mean that all other proceedings involving the same issue would remain stayed till a decision was rendered in the reference...........
Criminal Procedure Code, 1973, Section 395 -- Reference - Essential ingredients - Reference can be made to High Court only if case involves question of law and court is satisfied that it is fit case to refer - Conditions precedent for making reference not complied with by Sessions Judge - Reference dismissed...........
Indian Penal Code, 1860, Section 302, 395, 295, Criminal Procedure Code, 1973, Section 173, 228 -- Anti Sikh riot case - Delay of 25 years in investigation and presentation of charge sheet - Quashing of the charge sheet sought on the ground that delay of 25 years was violative of Article 21 of the Constitution under which right to speedy trial is a fundamental right -..........
