Criminal Procedure Code, 1973, Section 439 -- Bail - Inordinate delay in lodging FIR is to be considered at the time of adjudicating bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342, 506 -- Bail - Rape - Considering facts and circumstances of case, evidence on record, inordinate delay in lodging FIR and also the fact that trial is at its conclusive end and without expressing any opinion on merits of case, bail application allowed with conditions...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. is inadmissible in evidence as said statement was not exhibited by the person who recorded it and also due to the fact that maker of such statement was not examined by trial Court...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Adverse inference can be drawn in view of complete denial and silence on the part of accused with regard to questions put to him u/s 313 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence with condition to deposit 20% of amount as compensation - Where a conditional order of suspension of sentence has been passed by appellate Court, on non-fulfillment of condition, suspension order can be vacated - Impugned..........
Criminal Procedure Code, 1973, Section 164 -- Non examination of statement u/s 164 Cr.P.C. - Has no relevance or bearing to findings and conclusions arrived at by Courts below - It was for I.O to have got statement u/s 164 Cr.P.C recorded - If I.O did not think it necessary in his wisdom, it cannot have any bearing on testimony of PW1 and other material evidence led during..........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the stage of adjudicating bail application, Court is not inclined to delve into quality or quantity of evidence, but to see whether delinquent appears to have committed crime and he is entitled for bail or not...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Murder - Two dying declarations - Contents of both the dying declarations are same - Nothing on record to suggest that police or treating doctors had any animosity with accused - Victim was a young lady who succumbed to burn..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 406 -- Bail - Rape - Live-in-relationship - Keeping in view the nature of offence, evidence, complicity of accused, without expressing any opinion on merits of case, accused has made out a case for bail - Bail application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Commercial quantity - Bail - Accused has already remained behind the bars for almost 1 year 2 months and 11 days - Investigation has been concluded, challan stands filed and charges framed - None of PWs out of 12 have been examined so far and..........
