Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet not filed within stipulated period of 60 days - Default bail sought - After expiry of 60 days offence u/ss 467/468 IPC registered - Will not take away right of accused to get default bail provided he is prepared to furnish bail to the satisfaction of Magistrate - Bail granted...........
Indian Penal Code, 1860, Section 320, 322, Criminal Procedure Code, 1973, Section 468 -- Emasculation - Limitation - Petitioner along with 400 other males underwent castration surgery on inducement of 5th respondent that such emasculation would lead to realization of God - Compliant lodged after 12 years of incident - Question of delay in launching criminal prosecution may..........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Where a convict has preferred an appeal against conviction his case for pre-mature release cannot be rejected - Government has to consider the case of convict despite pendency of appeal before Court as to whether he is entitled to premature release...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Validity of marriage - Sufficient material on record to prima facie form an opinion that applicant was the legally married wife of the non applicant - No plausible explanation why admission were made - Held, applicant was able to prove by cogent and strong evidence that applicant and respondent had married to each..........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 74, 76 -- FIR is a public document as defined u/s 74 of Evidence Act - Accused is entitled to copy thereof - Accused can submit an application for certified copy of FIR through his representative/agent/parokar to the concerned police officer or SP who is to supply certified copy within twenty four..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Certified copy thereof - Uploading of FIR on website - Necessary directions issued: (i) The accused is entitled to get a copy of First Information report at an earlier stage as prescribed u/s 207 Cr.P.C. (ii) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Judge who once declines the prayer for grant of bail, if available, should hear second bail application or successive bail applications...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 420 & 34 IPC - Earlier bail application was rejected by Additional Session Judge - Second bail application was allowed by another Additional Session Judge - Second Judge cannot entertain bail application especially when earlier Judge was available - However, it is duty of prosecution to bring it..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 357 -- Cruelty - Compensation - Deceased had been undergoing treatment for seven weeks, initially in two government hospitals and thereafter for a long period in two private hospitals - Both accused Nos.2 & 3 are directed to pay total compensation of Rs.1,00,000/- to the parents of deceased...........
Indian Penal Code, 1860, Section 304B, 498A, Criminal Procedure Code, 1973, Section 91 -- Dowry death - Summoning call details of deceased's cell phone - Call details are not relevant for offence u/ss 304-B & 498-A IPC particularly where the application u/s 91 Cr.P.C. was filed merely on the basis of self created doubt - Application rightly rejected...........
