Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Order of bail can be cancelled on existence of cogent and overwhelming circumstances but not re-appreciation of evidence...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail cannot be cancelled on such circumstances which existed before grant of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Murder case - No incriminating evidence brought by petitioner which create an adverse opinion regarding conduct of respondent after grant of bail or that he threatened any witness or has tried to run away from justice - No cogent evidence on record which shows that respondent has instigated or promoted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning order - Revision against - Held, revision is maintainable...........
Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Summoning of accused - Order of cognizance passed after perusal of case diary and police papers - Merely because it has been written by ministerial staff of Court upon instructions of Court, it may not be considered to have been passed in mechanical manner - Law requires taking of cognizance of..........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - Ground of parity - Recovery of huge commercial quantity of ganja - First application of bail has been dismissed on merits - Ground of parity is not available to accused because of recovery of huge commercial quantity of ganja - Moreover, case of accused is different from co-accused - Bail rejected...........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - Evidence recorded in a separate trial arising out of same FIR, cannot be taken into consideration while hearing u/ss 227 & 228 Cr.P.C. for allowing the prayer of an accused to discharge him from trial, as such material would be out and out extraneous to the consideration which has to be made by judge while..........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - Court acting u/ss 227, 228 Cr.P.C. has to never traverse beyond the record of case and has to confine itself to the police report and documents submitted by police with it...........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - Except that particular use which could be made in the light of provisions of S.145 of Evidence Act, that recorded evidence of informant does not have any value as regards a judge proceeding u/ss 227 or 228 Cr.P.C...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to re-write the judgment or to give fresh reasoning, when reasons assigned by Court below are found to be just and proper...........
