Criminal Procedure Code, 1973, Section 468(2), 473 -- Offence u/ss 323, 447, 34 IPC - Limitation - Challan presented after expiry of limitation - No cogent explanation for the delay - Application u/s 468(2) Cr.P.C. allowed...........
Criminal Procedure Code, 1973, Section 439, 438 -- Anticipatory bail - Interim order granting pre-arrest bail - Accused thereafter surrendered before trial Court and regular bail was granted - Held, when Supreme Court or High Court or Sessions Judge grants interim anticipatory bail and the matter is pending before that Court, there can be no occasion for the accused to..........
Criminal Procedure Code, 1973, Section 438, 482 -- Bail - Modification of bail whereby permission to go abroad - Appeal preferred by petition against judgment of conviction had already been admitted and sentence has also been suspended during pendency of appeal - Co-ordinate Bench had granted permission to petitioner to go abroad in appeal which is pending adjudication -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 216, 323, 325, 307, 148, 149, 506, 120B, Arms Act, 1959, Section 25 -- Bail - Accused had fired gunshot at complainant, but complainant was not injured with such gunshot and in fact no empty cartridge has been recovered from place of occurrence - Eyewitness in his statement has nowhere stated that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 454 -- Bail - Challan against accused has been filed in Court, however, charge is yet to be framed - Accused not named in FIR and recovery has already been effected partially after arrest that accused in judicial custody and offences are triable by Court of Judicial Magistrate and trial is at..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 379 -- Appeal against acquittal - Tree was cut and SHO was informed on same date and recovery memo shows that wood and tractor were taken into possession - No demarcation report has been obtained to know that from which area tree was cut - Wood taken in possession/sapurdari was not produced before..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D -- Bail - Prosecutrix had developed physical relations with accused in year 2014 and FIR was registered about two years thereafter - As to whether it was a consent case or what is effect of delay in reporting matter to police, is a fact to be seen by trial Court - Petitioner was arrested..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Challan not filed within time - Challan filed in Court having no jurisdiction is no challan in the eye of law as it does not meet the requirement of S.2(r) or S.173 Cr.P.C. - Challan was not filed within time, in the Court of Magistrate competent to take cognizance of the offence, when application for default..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d) -- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 34, Arms Act, 1959, Section 25, 27 -- Bail - Complainant states that accused fired shot which hit left foot of his daughter - From allegations in complaint it is apparent that shot which hit daughter of complainant was not fired by accused - Petitioner submits that two years ago, victim..........
