Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Prima facie case against accused is established - Incident occurred in day light and witnesses are neighbouring, naturally residing in locality knowing both accused and complainant - Presence and identification of accused is probable - Role of accused cannot be..........
Criminal Procedure Code, 1973, Section 164, 154 -- Statement recorded u/s 164 Cr.P.C - Stands on much superior pedestal in comparison to information which formed the basis for S.154 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376 -- Bail - Kidnapping and rape - Victim in her statement u/s 164 Cr.P.C corroborated stand of accused - Statement recorded u/s 164 Cr.P.C stands on a much superior pedestal in comparison to information which formed the basis for S.154 Cr.P.C - There is thus, absolutely no justification to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376 -- Bail - Kidnapping and rape - Court granted bail to main accused - Role of co-accused is that they helped victim in bringing her in their vehicle to home of main accused - Since Court is granting bail to main accused, there is no justification to deny bail to co-accused - Bail granted..........
Criminal Procedure Code, 1973, Section 482 -- Call records of police officials - No prejudice will be caused to anyone in case call details of police officials are preserved especially when accused is making allegation against these officials - Call details of police officials, tower locations be preserved by the companies concerned with themselves, not to be shown to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major son - Obligation of a father would not come to an end when his son reaches 18 years of age and entire burden of his education and other expenses would not fall only on mother - Interim maintenance @ Rs.15,000/- granted to wife from the date of son attaining age of majority till he completes his graduation..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Wife is working as an Upper Division Clerk in Municipal Corporation earning Rs.60,000 pm - However, two children living with wife and after attaining age of majority, entire expenses of son now being borne by wife - Since no contribution is being made by husband towards son, salary earned..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Reduction of - Husband solemnized second marriage and has a child from second marriage - He thus, has equal responsibility towards child from second marriage - Reduction of amount of maintenance after birth of child from second marriage cannot be found fault with...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Order granting anticipatory bail quashed - I.O. directed to take the accused into custody - Held, direction to take accused into custody is beyond jurisdiction of High Court - It is for Investigating Agency to take a call as to when accused is to be arrested - Such direction set aside...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Bail - Recovery of 950 gms charas - Accused is not having any criminal history - Keeping in view facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any..........
