Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 506, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 364-A, 506, 34 IPC and S.25 of Arms Act - Petitioner is behind bars for last 10 months and 21 days - Out of total 18 PWs, only 4 have been examined so far - Conclusion of trial will take considerable long time - Culpability if any..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere omission to pass a formal remand order, does not by itself, entitle an accused to bail - Cumulative effect of long period of incarceration, consistent failure of authorities to comply with production warrants, and absence of valid remand orders cannot be overlooked - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Despite repeated issuance of production warrants on multiple dates, jail authorities have consistently failed to produce petitioner before trial Court - Persistent non-compliance has resulted in the prolonged incarceration of petitioner without benefit of a valid remand order or even opportunity to be heard before Court..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Power to remand an accused to judicial custody is a crucial judicial function that must be exercised with due diligence and in strict compliance with procedure established by law - A lapse in this regard strikes at the very root of personal liberty - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner has been in custody since 09.03.2023 - He was initially remanded to police custody upon production before Magistrate and was subsequently remanded to judicial custody - However, subsequent to filing of challan, trial Court did not pass any formal or express order extending judicial remand of petitioner - Even,..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - Cannot be sustained in absence of conditional order...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Tehsildar specifically mentioned in his report that drain was constructed for discharging water of house of complainant and one `K' - Respondent constructed the house which caused blockage of drain - Complainant admitted that he had not specified khasra number of drain - No demarcation was obtained..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - SDM proceeded u/s 133 Cr.P.C without passing a conditional order - Passing of conditional order gives jurisdiction to SDM to proceed further - He treated private dispute as a public dispute - SDM thus, committed jurisdictional error which can be rectified in proceedings u/s 482 Cr.P.C. - Order of..........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Mere statement of complainant which is not substantiated by any credible material cannot be ground to invoke discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Improvements made while deposing before trial Court cannot form the basis for exercising extraordinary power u/s 319 Cr.P.C...........
