Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for last more than 3 years and 6 months - Out of 17 PWs only 7 witnesses have been examined till date - He does not have any criminal antecedents - Bail granted...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Amount of compensation is to be determined by Courts depending upon facts and circumstances of each case, nature and gravity of offence and capacity of accused to pay - Compensation cannot be awarded merely at whims and caprice of a judge...........
Indian Penal Code, 1860, Section 380, Criminal Procedure Code, 1973, Section 357(3) -- Offence u/s 380 IPC - Conviction - Compensation to complainant - Trial Court while awarding compensation neither conducted any inquiry to determine paying capacity of accused nor any reason has been assigned - No sufficient material before trial Court to assess capacity of accused to pay..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - Refusal on the part of complainant to cooperate with investigation makes out strong case to suspect veracity of allegations - In such..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - When materials placed on record itself are not sufficient to attract a prima facie case of any of offences u/ss 376(3), 376(AB), 376(DA), 376(DB) IPC or false nature of allegations is evident from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Sentence - Complainant was awarded sufficient amount under Motor Vehicles Act - Accused has no criminal antecedents - Sentence modified to fine of Rs.1000/-...........
Criminal Procedure Code, 1973, Section 444 -- Discharge of surety - Court should not initiate criminal proceedings against surety when he seeks to discharge himself...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bail bond - Before a decision is taken to forfeit the bond, a hearing to the affected party is demand of natural justice...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - Observations in the nature of findings - Not a correct approach - Impugned order set aside...........
