Crl.) No. 5986 of 2006
S.L.P. (Crl.) No. 5200 of 2009
3 CRIMINAL APPEAL No. 1410 OF 2011
4
5 CRIMINAL APPEAL ... appellant in Criminal
Appeal No. 1410 of 2011, after tracing the earlier history, viz., the
relevant provisions in the Code of Criminal Procedure
report on a wrong interpretation of Section 170 of the Code of Criminal
Procedure (hereinafter referred to as “the Code” for short), an endeavour ... principle to be deduced from the various sections in the
Criminal Procedure Code was that grant of bail is the rule and refusal
will be
appropriate to refer to Section 351 of the Criminal Procedure Code,
1898 (hereinafter referred to as `Old Code’), where an analogous
provision existed ... scheme of the trial
of a criminal case under the Code of Criminal Procedure , 1973,
viz., Chapter XIV “Conditions requisite for initiation of
proceedings” containing
criminal appeal or even suo motu
particularly, in view of the provisions of Section 362 of the Code of
Criminal Procedure, 1973 (hereinafter called ... courts "are bound by the Penal
Code and Criminal Procedure Code " by the very `oath' of the office.
3
(See: Joseph Peter
provisions of that Code shall have effect
accordingly.
xxx xxx xxx
Section 65 . Code of Criminal Procedure , 1973 to
apply.— The provisions of the Code ... normal provisions
contained in the Indian Penal Code or the Code of
Criminal Procedure , 1898 and if the offenders falling
within this group or category
Section 328 in The Code of Criminal Procedure, 1973
328. Procedure in case of accused being lunatic.
(1) When a Magistrate holding an inquiry ... manner provided under Section 330.] [ Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 25 (b), for sub-Section
Section 332 in The Code of Criminal Procedure, 1973
332. Procedure on accused appearing before Magistrate or Court.
(1) If, when the accused appears
CRL) 354
Author: P. Sathasivam
Bench: Swatanter Kumar , P. Sathasivam
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL ... Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Act, 1970 and under Section 379 of the
Criminal Procedure Code against the final judgment and
1
order
recording of statements of
witnesses under Section 161 of the Code of Criminal Procedure ( CrPC ), the
medical examination, holding of the test identification ... IPC to run
concurrently and that the benefit under Section 428 CrPC would be given
wherever applicable. He further recommended that appropriate compensation
proviso (a) to Section 167(2) of the Code of Criminal Procedure, 1973 as
amended in 1978.
A few facts
3. A First Information Report ... investigation and the working of criminal Courts.
13. Accordingly, Section 167 of the Code of Criminal Procedure, 1973 (the
Cr.P.C .) was enacted
