Criminal Procedure Code, 1973, Section 439 -- Bail - Custodial death - Stricter approach has to be adopted while dealing with question of granting bail in custodial death cases where police officials are arraigned as accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 330, 331, 218, 120B, 34 -- Bail - Murder - Custodial death - Offence in question is grave and serious in nature - Accused enlarged on bail within 1-1/2 years of his detention - High Court committed error by granting bail to accused - Order granting bail set aside...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Mere breach of contract by one of parties, would not attract prosecution for criminal offence in every case...........
Indian Penal Code, 1860, Section 420, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute of civil nature - Dispute between parties settled - Criminal proceedings is nothing but an abuse of process - FIR quashed...........
Criminal trial -- Compromise - Dispute primarily of civil in nature - Additional amount paid by accused as per settlement - Plea by complainant that he was coerced into the settlement - Plea of coerced looks unlikely for two reasons - First there is no FIR or complaint that complainant was coerced into the settlement and secondly additional amount was duly accepted by..........
Criminal Procedure Code, 1973, Section 173 -- Police report - Direction issued that report of police officer on the completion of investigation shall contain the following: (i) A report in the form prescribed by State Government stating : (a) names of the parties; (b) nature of the information; (c) names of the persons who appear to be acquainted with the circumstances of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Accused joined investigation but did not co-operate with the police nor got recovered the amount of bribe received by him nor disclosed other facts of the case properly - Behaviour attributed to accused to the instances..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere fact that custodial interrogation is not required that by itself may not be a ground to release an accused on anticipatory bail if offences are of a serious nature...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere assertion on the part of State while opposing plea for anticipatory bail that custodial interrogation is required would not be sufficient - State would have to show or indicate more than prima facie why custodial interrogation of accused is required for the purpose of investigation...........
Criminal Procedure Code, 1973, Section 482 -- Stay granted by High Court in an application u/s 482 Cr.P.C. - Interim order will operate till such time the High Court vacates/varies the said order...........
