FIR has been lodged/filed by the brother of the deceased after a period of almost 29 years from the date of incident and after a period of 9 years from the date of decision of this Court in the case of Davinder Pal Singh Bhullar (supra) and nothing is on record that in between he had taken any steps to initiate criminal proceedings and/or lodged an FIR, we are of the opinion that at least a case is made out by the appellant for grant of anticipatory bail under Section 438, Cr.P.C. Many a time, delay may not be fatal to the criminal proceedings. However, it always depends upon the facts and circumstances of each case. However, at the same time, a long delay like 29 years as in the present case can certainly be a valid consideration for grant of anticipatory bail.
Criminal Procedure Code, 1973—Section 315 315. Accused person to be competent witness (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and […]
Section 482 of the present Code is the ad verbatim copy of Section 561 A of the old Code. This provision confers a separate and independent power on the High Court alone to pass orders ex debito justitiae in cases where grave and substantial injustice has been done or where the process of the Court has been seriously abused. It is not merely a revisional power meant to be exercised against the orders passed by subordinate Courts.
Sarabjit Singh and Another Versus State of Punjab and Another-Criminal Procedure Code, 1973—Section 319—Summoning of additional suspect to face trial—Power under Section 319 is an extra-ordinary power which is required to be exercised sparingly and if compelling reasons exist for taking cognizance against whom action has not been taken—Materials brought before Court must also be such which would satisfy Court that it is one of those cases where its jurisdiction should be exercised sparingly—An order under Section 319 should not be passed only because first informant or one of witnesses seeks to implicate other person(s)—Sufficient and cogent reasons are required to be assigned by Court so as to satisfy ingredients of the provisions—Mere ipse dixit or mere existence of a prima facie case may not serve the purpose—Impugned judgment set aside—Appeals allowed. Error! No text of specified style in document. vs. Error! No text of specified style in document.
Criminal Procedure Code, 1973—Section 313—Examination of accused—In a summons case, when personal appearance of accused has been dispensed with under Section 205 of Cr.P.C., discretion is vested in Magistrate to dispense with rigour of personal examination of accused under Section 313 as well.
Statement recorded under Section 164 of the Cr.P.C. cannot be used as substantive evidence In the case of Utpal Das & Anr. V. State of West Bengal reported in (2010) 6 SCC […]
Reforming Incarceration System to Eliminate the Use of Privately Operated Criminal Detention Facilities-EO of US President-26/01/2021
Policy. More than two million people are currently incarcerated in the United States, including a disproportionate number of people of color. There is broad consensus that our current system of mass incarceration imposes significant costs and hardships on our society and communities and does not make us safer. To decrease incarceration levels, we must reduce profit-based incentives to incarcerate by phasing out the Federal Government’s reliance on privately operated criminal detention facilities.
Rabindra Nath Roy death case to be freshly investigated by CBI-Final report of Siliguri Police doubted by Calcutta High Court
This court is of the view that Section 173(8) cannot prevent a Writ Court from passing further directions if the court deems it appropriate to do so in fit circumstances. Section 173(8) is premised on the action of the Officer-in-Charge of the concerned police station on obtaining further evidence after a final report of the investigation has been made. The scope of the provision is limited in operation and is dependent on the Officer chancing upon a piece of evidence after completion of investigation.
Status- Repealed Sessions Judges 1835 ACT NO. VII. OF 1835 (Rep., by Act 8 of 1868) [8th June, 1835.] Passed by the Hon’ble the Governor General of India in Council on the […]
The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. We do not intend to be exhaustive but only illustrative.
Rule 291(3)-Bombay Police Manual 3) The final report should be written up carefully by the officers incharge of the Police Station personally and should be accompanied by all the case papers numbered […]