Criminal Procedure Code, 1973, Section 439 -- Bail - While granting bail High Court failed to appreciate several crucial factors that indicate that it was highly inappropriate to grant bail - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granting or rejecting bail by High Court - Supreme Court does not ordinarily interfere with orders of High Court granting or rejecting bail - However, it is open to Supreme Court to set aside order of High Court where it is apparent that High Court has not exercised its discretion judiciously and in accordance with basic..........
Indian Penal Code, 1860, Section 498A -- Criminal Procedure Code (Amendment) Act, 2008 - Issue a writ of mandamus - For a uniform policy of registration of FIR, arrest and bail in cases of S.498-A IPC - Constitutional Bench suggested that preliminary enquiry may be held in matrimonial/family disputes - Offence u/s 498-A IPC being cognizable and no, bailable offence,..........
Criminal Procedure Code, 1973, Section 301, 24 -- Role of Public prosecutor - Duty is cast on Public Prosecutor to act with responsibility - Public Prosecutor is expected to act as an independent person and not to be totally guided by instructions of Government but is required to assist the Court...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High Court in revision petition..........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself cannot lead to a conclusion that..........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - On delayed dispatch of FIR, some prejudice have to be proved by accused - Prejudice which sought to be projected by accused is that in FIR names of only 7 accused were mentioned but in report sent to Magistrate there were 10 names - It is sufficient to..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Suppression of earlier FIR - FIR in hand cannot be considered as FIR - At the most it can be considered as statement recorded u/s 161 Cr.P.C. - Delay in lodging FIR not explained - These factors together cast grave doubt on the credibility of prosecution version and lead to conclusion that there has been an attempt to..........
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 212(7) -- Bail - Offence u/ss 212(6)(ii), 212(7) of Companies Act - High Court vide its impugned order released the respondent - However, reasons assigned by High Court in its interim order are not confined to issue of validity of alleged Sections under Companies Act or concerning grant of..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings and nor reasons as to why..........
