Criminal Law — Criminal Trial — Practice and Procedure
Forum shopping: Two simultaneous proceedings, arising from same cause of action were initiated by the Respondent amounting to abuse of process of law which is barred. Held, Forum shopping has…
Criminal Procedure Code, 1973 — S. 439 — Grant of bail
The High Court has not assigned reasons for the grant of bail to the respondents accused and has granted bail by a cryptic order de hors any reasoning. However, the…
Probation of Offenders Act, 1958 — Ss. 3 and 4: Benefit of releasing convicted accused on probation, when to be granted, explained
Held, having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good…
Criminal Procedure Code, 1973 — S. 167(2) — Default bail — Grounds on which may be claimed
(A) Charge-sheet submitted by investigating agency which did not have, or, had lost the jurisdiction to conduct the investigation. (B) Even if the investigating agency in question, had jurisdiction or…
Criminal Procedure Code, 1973 — S. 438
In this case, anticipatory bail re FIR under S. 306 IPC was rejected by the High Court. However, herein, while issuing notice, Supreme Court granted interim relief of stay of arrest to appellant.…
Criminal Procedure Code, 1973 —Grant of bail under S. 439 — Mandatory requirement of recording of reasons
Requirement of giving reasons for the decision is of the essence and is virtually a part of “due process”. Clarified, however, that while the court is not required to give…
Criminal Law — Penal Code, 1860 — Ss. 302/149, 307/149 and 148
In this case, it was to be determined that whether the appellant shared common object to murder the deceased victim. Evidence on record established that all accused persons had come…
Criminal Procedure Code, 1973 — S. 319 — Caution in exercise of power
Principles reiterated regarding exercise of power under the section. Strong and cogent evidence against person(s) concerned sought to be added as accused under S. 319 is necessary. High court failed…
Criminal Procedure Code, 1973 — S. 190(1)(b) r/w Ss. 173, 193 & 319 and Ss. 161 & 164 —power of the Magistrate to summon a person on Protest petition not accused in Report after taking cognizance of offence on basis of police report
Even after process has been issued against some accused on one date, held, process can still be issued by the Magistrate against some other person against whom there is some…
Criminal Procedure Code, 1973 — Ss. 156(3), 190, 200, 482, 154(1) and 154(3) — Prerequisites for exercise of Power of Magistrate under S. 156(3) and Manner in which to be exercised:
Application under S. 156(3) CrPC without affidavit duly sworn by complainant cannot be entertained by Magistrate. When complaint was not supported by affidavit, magistrate oght not to have entertained application…