CrPC
CrPC S. 438 – Before charge sheet was filed, were granted anticipatory bail – Does not preclude to apply for anticipatory bail again after filing of the charge sheet
Criminal Procedure Code, 1973 (2 of 1974), Section 438 – Anticipatory bail – Before the charge sheet was filed, petitioners...
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[SC] Bail – Custodial trial – Is not a relevant aspect .
S. 439 – Bail – Custodial trial - Observation that there is no need of further custodial trial is not...
Read more[SC] Bail – Chargesheet – Required to be considered by the High Court
CrPC S. 439 – Bail – Chargesheet – Required to be considered - Whatever material has been collected during the...
Read more![[SC] Probation of Offenders Act 1958 S. 3 , 11 – Conviction is under Section 504 IPC where the maximum sentence provided is two years – There is no previous conviction – Released instead of carrying out the sentence after due admonition – IPC S. 504. 2022 SCeJ 0383](https://supremecourtonline.in/wp-content/uploads/2022/04/pexels-photo-7785048-350x250.jpeg)
CrPC S. 406, 407 – If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any court or even at any place, the appropriate court may transfer the case to another court
“7. The purpose of the criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations. When it...
Read moreTransfer of trial – Apprehension of not getting a fair and impartial enquiry/trial is required to be reasonable and not imaginary
Constitution of India, Article 32 - Transfer of trial - Apprehension of not getting a fair and impartial enquiry/trial is...
Read moreCrPC S. 195 – Non-compliance of Section 195 Cr.P.C. is a defect which cannot be cured subsequently (Del.)
Indian Penal Code, 1860 (XV of 1860) S. 188 - Cr.P.C., 1973 (II of 1974), Section 2(d), 173(8) , 195...
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CrPC, 1974 (2 of 1974), S.438 – Cancellation of bail – The order granting anticipatory bail has ignored material aspects, including the nature and gravity of the offence, and the specific allegations against them – Hence, a sufficient case has been made out for cancelling the anticipatory bail granted by the High Court.
CrPC, 1974 (2 of 1974), S.438 - Cancellation of bail - Penal Code (45 of 1860), S.302, S.323, S.34 -...
Read moreCr.P.C., S. 436A – Undergone more than half of the period of maximum imprisonment, which would be imposed upon him by way of penalty – Falls within sub-section (1) of Section 436A – Seriousness of the accusation cannot deny the benefit flowing from the said section – Applicant deserves his release on bail. [Bom.]
Cr.P.C., S. 436A - Undergone more than half of the period of maximum imprisonment, which would be imposed upon him...
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CrPC S. 173 – Bail – Cancellation of – Parity with co-accused – The length or the period of custody of any of the co-accused persons has hardly any bearing .
2022 SCeJ 1117 Supreme Court of India Before: Justice Dinesh Maheshwari, Justice Bela M. Trivedi. AMINUDDIN V. STATE OF UTTAR...
Read more[SC] CrPC S. 125 – Husband being an able-bodied, he is obliged to earn by legitimate means and maintain his wife and the minor child.
CrPC, Section 125 - Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a...
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Cr.P.C. , 1973 – S. 125, 362 – S. 125 itself indicates that the Court after passing judgment or final order in the proceeding under Section 125 Cr.P.C. does not become functus officio –
Cr.P.C. , 1973 - S. 125, 362 – S. 125 itself indicates that the Court after passing judgment or final...
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CrPC. S. 125 – Application by wife for recalling of settlement order and revival of maintenance proceedings on failure of husband to pay maintenance as per settled terms – Maintainable.
Cr.P.C. , 1973, S. 125 - Application by wife for recalling of settlement order and revival of maintenance proceedings on...
Read moreCrPC S. 227 – IPC S. 302, 120-B – Discharge – Destruction of evidence – Allegation not substantiated by any material or oral/documentary evidence – Appellant discharged
Criminal Procedure Code, 1973, Section 227 - Penal Code, 1860, Sections 302, 120B - Discharge - Charge relating to conspiracy...
Read moreCrPC. S. 207 – CCTV – It is the primary evidence against the petitioner – Investigating agency directed shall furnish the entire CCTV footage and its report filed before the Court to the accused before commencement of the trial.
CrPC. S. 207 – CCTV - Complete documents i.e., electronic record that is marked by the prosecution should be furnished...
Read moreCrPC 156(1), 177, 179, 2(j) – Jurisdiction to investigate – What constitutes the local jurisdiction of a court? –
Criminal Procedure Code, 1973 (II of 1974) Section 156(1), 177, 179, 2(j) - Jurisdiction to investigate - What constitutes the...
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