The Court held disposed the appeal by observing and clarifying the order of the High Court to the extent that the appellant State of Gujarat shall be at liberty to raise all questions relating to additions of the Sections on the basis of the FIR.
The Single Judge erred in law in holding that he was devoid of jurisdiction so far as the application presented to him by the Appellant. The impugned Order was thus set aside. The appeal is allowed with terms.
The Court released the accused/applicant on the bail on furnishing her personal bond and two sureties of like amount to the satisfaction of learned A.C.J.M. Roorkee. Bail application stood allowed accordingly.
These appeals arise out the judgment and orders dated 2nd July, 2012, 6th July, 2012 and 6th August, 2012, passed by the Delhi High Court in Crl. M.C. No.2180 of 2012.
All and sundry cannot approach the magistrate for recording of their statement u/s 164 and any witness, unsponsored by the IO/prosecution, cannot seek to get his examination recorded u/s 164 Cr.P.C.
he court held that there must be a consequential levy of a fine of an amount sufficient to cheque amount and interest thereon at a fixed rate of 9% p.a, followed by the award of such sum as compensation from the fine amount and the appeal was dismiss
The court held that the accused booked under Section 138 of Negotiable Instrument Act would ordinarily be granted bail since the offence was a non-bailable one and therefore they are not to be taken in the custody during the trial. Likewise, a person
The court opined that there was no dispute in the agreement of sale and ordered for handing over of vehicle to the petitioner on receiving the security of Rs 1,00,000.
The case introduces Contributory Negligence from the base level, which simply states that negligence/ignorance/carelessness matters even if you are injured too. It wipes out the fact that carelessness of only single party matters, and empowers people
The court held that the petitioner was to be awarded 'default bail' based on the facts and the circumstances of the case and set aside the order of the High Court.