Criminal Procedure Code, 1973 — S. 389
Suspension of sentence by Supreme Court on ground of plea of juvenility taken before Supreme Court for the first time. Consequent to directions of the Supreme Court, on the basis…
Criminal Law — Public Accountability, Vigilance and Prevention of Corruption — Constitutional Authorities/Functionaries/High Public Offices — Security of Prime Minister of India
Directions issued for judicial inquiry into breach and lapses as the convoy of PM was stuck on a flyover for around 20 minutes. Records relating to PM’s visit seized and secured.…
Criminal Procedure Code, 1973 — S. 439 — Bail
Principles summarized regarding considerations to be balanced while deciding to grant bail. No reasons whatsoever assigned by High Court while releasing Respondent 2 on bail, did not consider gravity, nature…
Criminal Procedure Code, 1973 — S. 439 — Bail
In this case of brutal murder of appellant complainant’s husband by tying him with rope to gate and then beating him by pipe and belt, leading to his death, bail…
Criminal Law — Public Accountability, Vigilance and Prevention of Corruption — Punishment for Erring Official(s) for Delay/laches in filing appea
There was a delay of one year apart from 90 day’s delay in filing SLP where more than Rs 5 crores involved, authorities, held, must recover it from the officer(s)…
Criminal Procedure Code, 1973 — Ss. 218 to 223(a) to (g) and S. 223 proviso — Trial whether to be joint or separate
Charging accused and trying them together is warranted under sec 218 but held, there are exceptions to this rule in Ss 219 to 221 and thus if a person falls…
Criminal Procedure Code, 1973- S24, 25 and 25A- Government Law Officers/Counsel/Pleader/Public Prosecutor/Advocate General
Post of Assistant Public Prosecutor was to be made by direct recruitment on basis of competitive examination followed by viva voce test. Held, impugned judgment confirming order of Tribunal holding…
Criminal Procedure Code, 1973 — S. 439 — classical example of Forum shopping to obtain bail
In this case, accused was charged under special Act (MCOCA) and IPC. Upon failure to obtain bail as per law, accused challenged the Vires of the sections of the special…
Criminal Procedure Code, 1973 — Ss.170, 41,41-A,41-B,41-C, 41-D, 42, 438 and 468 – Obligation on police to arrest accused prior to taking charge-sheet on record
Held, not mandatory as per S. 170 and thus anticipatory bail cannot be denied solely on the ground that as police were ready to file charge sheet, it was mandatory…
Criminal Procedure Code, 1973 — S. 439 – Permitted grant of Bail to attend wedding of child with strict conditions
Directions issued by Supreme Court to take appellant out of jail he is presently lodged in to be transferred to prison of State where marriage ceremony and post-marriage ceremonies of…