Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted a year ago - No complaint with respect to misuse of liberty of bail or interference with due course of justice or tampering with evidence in any manner after grant of bail - No substance in allegation that accused will tamper with evidence or attempt to interfere with due course of justice..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 279, 304A -- FIR - Offence u/s 279, 304-A IPC - FIR registered on the statement of eye witness - No reason to fabricate or manipulate FIR in the case relating to a fatal vehicular accident...........
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 342, 376, 506 -- Defective investigation - Final report in favour of accused - Offence u/ss 342, 376, 506 IPC - Serious allegations and imputations against accused were made by victim in her statement recorded u/s 164 Cr.P.C - Slight variation in statement of victim and/or S.161 or S.164 Cr.P.C..........
Criminal Procedure Code, 1973, Section 439 -- Bail - On the ground of parity - Parity cannot be sole ground for grant of bail - Bail is granted on totality of facts and circumstances of a case...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Detailed examination of evidence and elaborate discussion on merits of case need not be undertaken for grant of bail - Court has to indicate in bail order, reasons for prima facie conclusion when bail is granted, particularly when accused is charged of having committed a serious offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Misappropriation of huge amount of public money - Criminal conspiracy - Manner in which huge money was collected in contravention of provisions of SEBI Act and CIS Regulations and..........
Indian Penal Code, 1860, Section 420, 468, 471, 34, Criminal Procedure Code, 1973, Section 482 -- Preparation of forged agreement for sale - If civil remedy is available to an aggrieved person, it does not oust jurisdiction of a criminal Court to proceed with complaint if it prima facie discloses commission of criminal offence by accused - Since prima facie case is made..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While hearing petition u/s 482 Cr.P.C, Court cannot conclusively adjudicate rival contentions - Factual averments are required to be examined by Court below at appropriate stage...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while hearing quashing petition is not supposed to embark upon enquiry as to veracity of allegations...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Serious allegations of cruelty - Even if there is no evidence on record to prove domestic violence caused to wife by husband, still husband is liable to pay maintenance to child...........
