Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354A, 354D, 452, 506, 34 -- Bail - Rape - Allegation of rape is against co-accused - It was co-accused who entered the house of victim on the date of incident and petitioner remained outside the house - Petitioner has been behind the bars since 2.4.2021 - Bail granted to petitioner...........
Indian Penal Code, 1860, Section 363, 143, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim categorically stated that she used to talk to accused on phone and both decided to marry each other of their own free will and volition - She left the house voluntary with accused and married each other voluntarily and started living together in..........
Criminal Procedure Code, 1973, Section 446, 451, Punjab Excise Act, 1914, Section 61, 78 -- Superdari - Release of seized vehicle - Petitioner for releasing vehicle, in question, on superdari, has been found to be meritorious and was allowed - While allowing said application, it was observed in order that no useful purpose would be served by keeping said vehicle as it..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380, 467, 468, 471 -- Anticipatory bail - Offence u/ss 380, 467, 468, 471 IPC - Petitioner had stolen cheque book from office of her son and misused the cheque book - Petitioner filed a complaint u/s 138 of the Act - Issue as to whether cheque has been duly executed or not is a matter which is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B -- Anticipatory bail - Cheating - Entire case is based on documentary evidence - Moreover, loan has already been repaid by main co-accused - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - First FIR pertained to offences committed in the year 2019 after assurance was given by husband not to harass wife for dowry and treat her properly - However, despite assurance, all accused continued their demands and harassment - Second FIR though distinct and independent and based on separate transaction, but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4.3 kgs Ganja - Quantity of ganja seized is only 4.3 kgs which is not a commercial quantity - Bar u/s 37 NDPS Act not attracted - Bail granted...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Actual delay if any is only of three hours, which is acceptable in facts and circumstances of the case - Moreover, delay has been sufficiently explained in complaint itself, as sister of victim told to victim that they will wait for their mother to return from vegetable business - Moreso, it..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Cause of death is stated to be hanging - Petitioner stated that deceased had committed suicide on account of serious health issues as she was suffering from incurable disease - In these set of circumstances, sufficient exceptional circumstances are..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Complainant could not controvert fact that present petitioner was not a Director of company - Even, there is complete absence of averments in complaint that petitioner was in any way responsible for conduct of..........
