Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Refusal - Prosecution case as against accused/petitioners cannot be said to be false or baseless - Prosecution has been initiated for having caused wrongful gain to accused persons and a heavy loss to the people at large as a big chunk of their land has been leased out illegally for an inordinate long period..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Case u/ss 364 and 302 IPC - Closure of evidence by trial Court - Validity - Held, in such a serious case, the right of cross-examination of accused should not be closed forever due to fault of counsel and client should not suffer for default of counsel - It was duty of trial court to afford reasonable..........
Criminal Procedure Code, 1973, Section 439A, 167, 439 -- Bail - Offence committed by extremists - Applicability of S.439A - Held, amendment of S.439 and S.167 as amended by the Code of Criminal Procedure (Tripura 4th Amendment Act, 1998) is confined to the extremist related offence or an offence committed by the extremists - So far the other general case of heinous crime..........
Criminal Procedure Code, 1973, Section 439A, 167, 439 -- Bail - Grant of - There is no evidence that the accused-persons may be categorized to any group of organized criminals or that they are hardened and notorious criminals and the people, at large, are afraid of them - Held, provisions of the Amendment Act, may not be applied - They are already in custody for about 124..........
Indian Penal Code, 1860, Section 211 -- Bail proceedings - Amounts to judicial proceedings - Offence punishable u/s 211 IPC committed relating to said proceedings - Cognizance can be taken only at the instance of the Court in relation to whose proceedings the same was committed or who finally dealt with that case...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mens rea - Held, in a case u/s 306 IPC, there should be clear mens rea to commit offence - There should be direct or active act by accused which led deceased to commit suicide - There must be some evidence of 'instigation', 'co-operation' or 'initial assistance' by accused to commit suicide by victim/deceased...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused habitual offender and six other cases under various offences pending against him - Considering facts of case, number of cases pending against accused, nature of accusation and balance between individual and social interest, no just reason to enlarge petitioner on bail - Application dismissed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Background antecedents and pending cases against accused are relevant considerations and even if accused has been discharged/acquitted in some cases, it is not of much consequence while considering bail in criminal cases subsequently registered against him...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 147, 148, 149, 341, 323, 336, 307, 302 IPC and Ss.3(1)(x) and 3(2)(v) of SCST Act - Co-accused already enlarged on bail - Case of petitioner akin to that of co-accused - Bail granted on ground of parity...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Imposition of condition - Sustainability of - Impugned order directs submitting of Rs.15 lakhs in form of a FDR in lieu of streedhan articles of petitioner however, petitioner has been permitted to go to USA without any condition being imposed with the result that there is no condition to ensure..........
