Criminal Procedure Code, 1973, Section 125 -- Application u/s 125 Cr.P.C - Maintainability - Wife narrates about unbearable harassment and ill-treatment from both by husband and mother-in-law, which resulted her going away from matrimonial house - This can by no stretch mean moving away of wife by mutual consent for husband to contend that proceedings were not maintainable..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forgery - Forged document had been prepared prior to filing of suit - Alleged forgery was not done when document was in custody of Court - Bar of S.195(1)(b)(ii) Cr.P.C would not be applicable...........
Criminal Procedure Code, 1973, Section 445 -- Cash deposit in lieu of surety - Mere apprehension expressed by prosecution that accused may flee the course of justice, cannot be sole determinative factor for denying benefit of S.445 Cr.P.C, without consideration of other circumstances and balancing factors in this regard...........
Criminal Procedure Code, 1973, Section 439, 445 -- Bail - Cash deposit in lieu of surety - Applicant a foreign national has not been able to obtain surety and she does not know anyone in this country, who can discharge obligation of surety - It would be negation of principle of rule of law and violative of constitutional mandate and principles of human rights in case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Criminal Procedure Code, 1973, Section 439 -- Recovery of 6 kg Ganja - Bail - Quantity involved in the case is not commercial quantity - Bar u/s 37 of NDPS Act therefore, has no application - Accused is languishing in jail for the last 2 months - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 15, 16, 17, 18, 18A, 19, 20, 23, 38 -- Bail - Offence u/ss 10, 13, 15, 16, 17, 18, 18-A, 19 20, 23, 38 of 1967 Act - Accused has been in custody as an undertrial prisoner for a period of nearly 8 years - One of co-accused has been released on bail - However, role..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal proceedings involving non-heinous offences or where the offences are predominantly of a private nature, can be annulled irrespective of the fact that trial has already been concluded or appeal stands dismissed against conviction...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506(1) -- Quashing of proceedings - Compromise - Offence u/ss 498-A, 323, 506(1) IPC - Dispute is private in nature and parties have voluntarily agreed to settle the dispute and there is no coercion undue force on them for arriving at settlement - Offence alleged not serious in nature..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - When disposal of appeal is likely to take time, accused may be ordered to be released on bail - There are compelling reasons for suspension of execution of sentence during pendency of appeal - There does not appear any other adverse reason to deny relief to accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Quashing of order - Order sending victim to Nari Niketan - Kidnapping and rape - It is not clear that victim was sent to Nari Niketan on her wishes and it is also not clear that any application was moved by..........
