Criminal Procedure Code, 1973, Section 439 -- Bail - Postponement of implementation of order granting bail for six months - No reasons assigned as to why implementation of order granting bail was postponed for six months - No such condition could be imposed for grant of bail to accused - If Court is satisfied on merits, it should grant bail or otherwise reject the same -..........
Criminal Procedure Code, 1973, Section 389(1) -- Sentence of fine - Can be suspended u/s 389(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Whenever a prayer is for suspension of sentence of fine, appellate Court must consider whether the sentence of fine can be suspended unconditionally or subject to conditions - However, Court has to keep in mind that if a condition of deposit of an amount..........
Indian Penal Code, 1860, Section 420, 468, 471, 504, 506, 120B -- Cheating - Quashing of FIR - FIR in question is a counter blast to complaint of petitioner lodged with malafide intention to harass petitioner - Allegations levelled in the FIR are not supported by any linked evidence - Only allegation made against petitioner in FIR is the date of birth was wrongly mentioned..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Petitioner has undergone actual custody of 8 months and 28 days as undertrial - No other case is pending against petitioner - Trial of case is likely to consume considerable time..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Even if mother is working, it does not mean that father will be absolved from taking responsibility of his child - Father is legally bound to maintain his child according to his status and lifestyle...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Order granting interim maintenance is subject to final adjudication and it is provisional step subject to final determination to be made on the conclusion of proceedings...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to minor daughter - Family Court while awarding interim maintenance to minor had taken into account not only financial capability of father but also comprehensive efforts required to raise a child, which should be fairly shared between both the parents - Maintenance @ Rs.7000 p.m rightly awarded to minor..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(2)(n), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 4, 5(j)(ii), 5(n), 5(I), 6 -- Juvenile - Bail - Rape - Petitioner is a child within meaning of S.2(12) of JJ Act - Victim girl and his parents have not cooperated for the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering bail application apart from seriousness of charges and severity of punishment, paramount consideration should be given to whether there are chances of absconding or tampering with the witnesses or intimidation to victim or witnesses on the part of accused...........
