Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(AB) -- Suspension of sentence during pendency of appeal - Applicant has already undergone custody of 1 year, 2 months and 8 days - Appeal is not likely to be heard in near future - Sentence suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 17, 38(1)(2), 40, 22A, 22C, Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, Section 8(2), (3), (5), Indian Penal Code, 1860, Section 201, 149, 120B, 34 -- Bail - Offences u/ss 10, 13, 17, 38(1)(2), 40, 22-A, 22-C of 1967 Act, S.8(2), (3), (5) of 2005 Adhiniyam and..........
Indian Penal Code, 1860, Section 409, 420, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d), 18A, Criminal Procedure Code, 1973, Section 102 -- Offence u/ss. 409, 420, 477A, 109, 120B IPC and 13(2), 13(1)(c), 13(1)(d) PC Act - Freezing of bank account - Petitioner alleged that bank account cannot be frozen u/s 102 Cr.P.C after..........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Indian Penal Code, 1860, Section 302 -- Murder - Mere seizure of blood stained articles without conclusively linking them to accused and crime, cannot be a ground for conviction of a person for a serious offence like murder...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen evidence would be highly incriminating and it would be for accused to explain what happened after he was seen last in the company of deceased...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of mother of deceased/PW3 - Significant improvements and omissions in the evidence of PW3 - Said omissions are so relevant that they become contradictions in view of S.162 Explanation Cr.P.C - Testimony of PW3 not reliable...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Evidence of PW1 on the last seen theory cannot be believed as he stated that he was sleeping when allegedly appellant took the deceased with him - Statement of PW1 that PW3 had visited appellant's house at 1 pm is hearsay as he did not accompany his wife/PW3 - Significant..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325 -- Probation - Offence u/ss 323, 325 IPC - Respondent has maintained good conduct and does not have criminal antecedents - Opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing nature of..........
