Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Civil and criminal wrong - Entrustment of vehicle for repairs - Prosecution failed to trace out vehicle - No case for prosecution that accused dismantled vehicle for purpose of destroying evidence - Nothing on record to show that accused received vehicle with mala fide intention of misappropriating the same..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 419, 201, 34 -- Bail - Rape - Allegation that accused impersonating a Hindu name despite fact that he was a Muslim, establishing sexual relations with victim on false promise of marriage - However, both accused and victim were grown up adults at the time when first time they established..........
Prevention of Corruption Act, 1988, Section 19, 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Sanction for prosecution - Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Accused seized to be public officer on the date of taking cognizance of offences against him - Allegations of abuse of office are not against accused - Allegations against accused..........
Prevention of Corruption Act, 1988, Section 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Order taking cognizance - Allegations made in charge sheet and material produced in support thereof, prima facie disclose ingredients of offences alleged against accused - At the stage of issuing summons, Court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Application for bail - Murder - Considering that petitioners have been in custody for a long period of 3 years and trial nowhere near conclusion - It results into punishment of sentence of imprisonment without them having been convicted - Therefore, petitioners are liable to be admitted on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 451, 506, 148, 149, 120B, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Accused are in judicial custody for last more than 2 years - Conclusion of trial is likely to take a long time - Accused have volunteered to pay Rs.50,000/- each to victim towards his medical expenses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 326, 323, 506, 148, 149, 120B, Arms Act, 1959, Section 27, 30, 54 -- Bail - Offence u/ss 302, 326, 323, 506, 148, 149, 120-B IPC and Ss.27, 30, 54 Arms Act - Status report shows that petitioner was actively involved in offence as per statements of injured persons u/s 161 Cr.P.C. - Only two..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 25, 54, 59 of Arms Act and S.34 IPC - Vehicle in question transferred in favour of petitioner by its previous owner - If vehicle in question is allowed to be parked in police station it may become unfit for road worthiness - Since trial of case is likely to take some..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 153A, 153B -- Sanction for prosecution - Offence u/ss 153-A, 153-B IPC - Prior sanction u/s 196 Cr.P.C of competent authority is sine quo non for taking cognizance of offences u/ss 153-A, 153-B IPC - Violation of S.196 Cr.P.C renders entire criminal proceedings without jurisdiction and without..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Accused was under an obligation to give a plausible explanation regarding cause of death in the statement recorded u/s 313 Cr.P.C. - Mere denial not an answer when murder was committed in the house and only family members were staying and fact that family..........
