Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Not maintainable at the instance of accused who is already arrested and is in custody of police or judicial custody in relation to another criminal case which may be for similar offence or for different offences...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - It would be appropriate that in all bail applications moved u/s 438 Cr.P.C, a footnote is added mentioning that concerned accused has not been arrested and is not in custody in any other case...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438 -- Dishonour of cheque - Anticipatory bail - Accused is absconding and declared as proclaimed offender - However, accused is a woman and in given COVID-19 pandemic, incarceration of accused would not give any benefit to complainant but instead cause grave injustice to woman accused -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Plea of accused that accused had resigned as director on 10.10.2014 - Form No.DIR-12 (Appointment or Resignation) was filed with Registrar of Companies on 13.08.2015 - Whereas, cheque were dishonoured on 06.07.2015 and notice was..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite the judgment or to give fresh reasoning, when reasons assigned by Court below are found to be just and proper...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - It is nature of transaction which is to be considered and not that nature of accusation is arising out of a business transaction...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Absconder/proclaimed offender in terms of S.82 Cr.P.C is not entitled to anticipatory bail...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - In the application u/s 311 Cr.P.C. party seeking attendance of new witness needs to plead with accuracy and precision why expert witness must be summoned - Failure to plead necessary ingredients for invoking power u/s 311 Cr.P.C. - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - Merely because it is pleaded that "in the interest of justice" and "for lawful adjudication of matter" scientific expert should be summoned, it is not obligatory on the part of Court to summon said witness unless it is established with accuracy and precision that new..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 29, 60(3), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 349.250 kg Ganja - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused,..........
