Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Scope of - Though there is no embargo on appellate Court to reverse decision based on evidence upon which acquittal is based, generally the order of acquittal based on presumption of innocence of accused, is further strengthened by acquittal - Appellate Court, while considering an appeal against..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because appellate Court, on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 452, 427, 354, 201, 341, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), (xi), (s) -- Bail - Offence u/ss 323, 325, 452, 427, 354, 201, 341, 34 IPC and S.3(1)(x), (xi), (s) of SC/ST Act - No allegations regarding uttering derogatory..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 439, Criminal Procedure Code, 1973 -- Bail - Recovery of 76 kg poppy husk - Seizure officer first took 500 gms of poppy husk from each bag, then he mixed the same and thereafter took samples from that mixture - He thus, did not collect separate samples from each bag - Even, test by U.N. Kit was also not..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant or refusal - Reasons - Recording of reasons is necessary since accused/prosecution/victim has every right to know the reasons for grant or refusal to grant bail - This will also help appellate Court to appreciate and consider the reasonings for grant or refusal to grant bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the stage of considering application for bail, detailed examination of merits of prosecution case and merits or demerits of materials relied upon by prosecution should be avoided...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Appellant being member of Parliament and a Senior Member of Bar has strong roots in society and his passport having been surrendered and "look out notice" issued against him - There is no likelihood of..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Complaint u/s 498-A IPC and Ss.3,4 of Dowry Prohibition Act - Settlement arrived at in between the parties - Parties consciously chose to unconditionally drop all proceedings related to marriage inter se including criminal action - Criminal..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail granted subject to deposit of Rs.1.50 lakhs in FDR in the name of wife - Accused discharged of all the offences alleged against him - Held, it is appellant who is entitled to withdraw the amount accrued in the fixed deposit - Wife not entitled to encash FDR which was deposited by appellant as a condition for..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition not to leave India without prior permission of Court - Modification of condition - Condition not altogether to be deleted but can be regulated - Trial Court to deal with the application seeking permission, as expeditiously as possible and in any case, ensure that orders are made within..........
