Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If accused avail their independent right of default bail before charge sheet/final report is filed, then such right would not stand frustrated or extinguished by any such subsequent filing...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - The very moment stipulated 60/90 days remand period expires, an indefeasible right to default bail accrues to accused...........
Criminal Procedure Code, 1973, Section 151 -- Arrest of a person to prevent commission of cognizable offence - Police Officer cannot arrest a person without knowledge of a design and without an imminent threat to commit a cognizable offence, that too without a warrant from Magistrate in exercise of power u/s 151 Cr.P.C, as same would fall foul not only u/s 151 Cr.P.C but..........
Criminal Procedure Code, 1973, Section 327 -- Open Court is the norm and closed Court or proceedings in camera is an exception...........
Criminal Procedure Code, 1973, Section 327 -- Proceedings in camera - When Presiding Officer is satisfied that open Court will not be conducive to either accused or victim or even for any other reason, he can order in-camera proceedings...........
Criminal Procedure Code, 1973, Section 327 -- Proceedings in camera - Prejudice to junior lawyers of profession and law interns is in fact an abstruse reason to challenge order directing holding of trial in-camera...........
Criminal Procedure Code, 1973, Section 327, 482 -- Proceedings in camera - Recall of order directing in-camera trial - Unless applicant is able to show that prejudice is caused on account of order directing in-camera proceedings to be held, Court ought not to exercise the inherent jurisdiction to interfere with satisfaction exercised by trial Judge - Petition dismissed...........
Criminal Procedure Code, 1973, Section 167(5) -- Investigation if not concluded within six months from the date on which accused was arrested in a case triable by Magistrate as a summons case - There cannot be an automatic order without anything else to stop investigation on expiry of six months from date of arrest of accused...........
Criminal Procedure Code, 1973, Section 190(1)(a), (b), 460(e) -- Cognizance of offence - Any Magistrate is empowered to take cognizance of the offence - If there is any irregularity in taking cognizance then the same is saved by S.460(e) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Testimony of prosecutrix is complete and 7 out of 14 witnesses have been examined - Accused is a young boy of 21 years and is in custody for the last more than 1-1/2 years - Trial is likely to take long time - Bail granted to accused with conditions...........
