Criminal Procedure Code, 1973, Section 437 -- Bail - While considering regular bail application of accused u/s 437 Cr.P.C, factum of rejection or acceptance of anticipatory bail application by itself is not germane - However, factors which weighted with Court while either rejecting or granting anticipatory bail to accused or such of them as are relevant post filing of..........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet - When charge sheet is filed before Court/Magistrate without arresting accused, despite rejection of his anticipatory bail application by High Court, it is not open to Court to examine where exercise of discretion by I.O not to arrest accused despite rejection of his anticipatory bail application by High Court has..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Accused who is charge sheeted without arrest u/s 376 IPC or any other offence punishable with imprisonment for life or death may be released on bail u/s 437(1) Cr.P.C, provided there are no reasonable grounds for Court to believe that accused is guilty of offence punishable with imprisonment for life or death or accused..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set aside - Appeal allowed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge - Quashing of charge is an exception to the rule of continuous prosecution - Where the offence is even broadly satisfied, Court should be more inclined to permit continuation of prosecution rather than its quashing at the initial stage...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge - Court is primarily concerned with the allegations taken as a whole whether they will constitute an offence and, if so, is it an abuse of the process of court leading to injustice...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing of charge - From perusal of FIR, suicide note and report u/s 173 Cr.P.C., no ingredients of offence punishable u/s 306 IPC are made out - No evidence or positive act to suggest that petitioners abetted deceased in any manner to instigate him in committing..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Exemption from attachment of sole residential house - Decree for specific performance - Once decree issued in favour of DH is one for specific performance of an agreement in which specific property is subject matter of sale/purchase between parties, a charge would stand created upon such property by itself -..........
Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Non payment of sale consideration - If in the sale deed it is mentioned that title has passed on execution of sale deed, then non payment of sale consideration would at the most be recoverable and would remain charge on the property sold/transferred...........
Prevention of Corruption Act, 1988, Section 13(1)(c)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 300 -- Offence u/ss 13(1)(c)(d)(e), 13(2) of P.C. Act - Double jeopardy - Accused discharged due to lack of proper sanction - Proper order of sanction for prosecution issued thereafter - Fresh/supplementary charge sheet filed - Principle of "double jeopardy" do not..........
