LEAVE PETITION (CRL.) NO. 5921 OF 2009
SPECIAL LEAVE PETITION (CRL.) NO. 7148 OF 2009
SPECIAL LEAVE PETITION (CRL.) NO. 6324 OF 2009
CRIMINAL APPEAL ... offence punishable under
Section 307 IPC is not a compoundable offence. Section 320 of
the Code of Criminal Procedure, 1973 expressly states that no
offence
Commission submitted in the year 2001, Section
41 of the Code of Criminal Procedure (for short ‘ Cr.PC ), in the present
form came ... vitalised. Section 41A as inserted by Section 6 of the Code of
Criminal Procedure (Amendment) Act, 2008(Act 5 of 2009), which is relevant
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
Section 320 in The Code of Criminal Procedure, 1973
320. Compounding of offences.
(1) The offences punishable under the sections of the Indian Penal Code ... Indian Penal Code (45 of 1860) may be compounded in like manner.] [Substituted by the Code of Criminal Procedure (Amendment
inherent powers of the High Courts under Section 482 , Code of Criminal Procedure (Code) read with Articles 226 and 227 of the Constitution of India ... exercise of power under Section 482 of the Code. Sub-section
(2) of Section 397 of Cr.P.C providing that the power of revision
ordinarily not
admissible in evidence in view of Section 162(1) Cr.PC, but as
mentioned in the proviso to Section 162(1) ... taken into consideration in view of the
proviso to Section 162(1) Cr.PC, and her subsequent denial in
court is not believable because
Bail-Anticipatory Bail- Section 438 of the Code of
Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of-
Judicial balancing of personal liberty ... Code of Criminal Procedure , 1973
(Act 2 of 1974) thus:
(1) The power under Section 438 , Criminal
Procedure Code, is of an extra-ordinary
character
bailable. (2) Notwithstanding anything contained in the Code of
(1) Notwithstanding contained in the Code of Criminal Procedure , 1973 (2 of 1974), no
Criminal Procedure ... seven years and with fine. The Second Schedule to the
Criminal Procedure Code relates to classification of offences against other
laws and in terms
statement of the appellant under Section 313 of the Code of
Criminal Procedure, it posed a question as to whether there was no debt
payable ... that the statement of accused under Section 313 of the Code of
Criminal Procedure regarding misuse of blank cheque by the complainant
and filling
