Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Death of wife of applicant - Case registered on the basis of anonymous letter after more than a month - Immediately after death of deceased, her parents were informed about death and they did not lodge any complaint against applicant - Even father-i, law of applicant has in a sworn affidavit stated that..........
Criminal Procedure Code, 1973, Section 436A -- Bail to under trials - S.436A of Cr.P.C. provides for grant of bail when person has undergone detention up to one half of maximum prescribed imprisonment - Provision applies only during trial...........
Criminal Procedure Code, 1973, Section 436A, Constitution of India, 1950, Article 21 -- Bail to under trials - Accused in custody for long period and pending trial - If there is violation of right of speedy trial, instead of quashing proceeding, higher court can direct conclusion of proceedings in fixed time - Directions issued proceedings to be disposed of within six..........
Criminal Procedure Code, 1973, Section 436A, Constitution of India, 1950, Article 21 -- Speedy trials - More than 50% of prisoners in various jails are under trial prisoners - In spite of incorporation of S.436A in CrPC undertrial prisoners continue to remain in prisons in violation of mandate - Directed jurisdictional Magistrate/Chief Judicial Magistrate/Session Judge to..........
Criminal Procedure Code, 1973, Section 161 -- Delay of 30 days in recording statement of PW2 - Delay in recording his statement is not fatal to prosecution, as testimony of PW2 completely corroborates the version of eye witness in all material details of incident particularly since there was change of investigating officer...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Delay in lodging - Murder case - Circumstances of case does not show that FIR is ante timed - Nor it is possible to disbelieve timing of FIR, as police constable went to scene of crime and seized the shirt before registration of FIR - There is also no requirement that FIR must be in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 325, 307, 341, 147, 148, 149 -- Bail - Offence u/ss 323, 324, 325, 307, 341, 147, 148, 149 IPC - Genesis of incident is dispute on firing of crackers and there is no other dispute between parties - Trial has commenced but only one witness has been examined - Notice to de facto..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder case - FIR is not an encyclopedia and if necessary details are there, on its basis detailed narration by witnesses cannot be doubted...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 394 -- Compromise in an offence u/s 394 IPC - Offence not compoundable within scope of S.320 Cr.P.C. - However, Court in view of compromise arrived at between parties can reduce the sentence imposed while maintaining conviction...........
Criminal Procedure Code, 1973, Section 386, 397, 401 -- Appeal against conviction - Withdrawal of appeal - Show cause notice issued to accused for enhancement of sentence - Accused cannot be permitted to withdraw appeal after issuance of show cause notice...........
