CrPC Judgments

530. Ammavasai and Anr Section 427 Totality of sentence has
531. V. been considered.

532. Inspector of Police and Ors. Section 427 Totality of sentence has
533. AIR 2000 SC 3544 to be considered.
534.
535. Mohd. Akhtar Hussain @ Ibrahim Section 427 Undergoing sentence
536. means explained.
537. Ahmed Bhatti
Section 427 Whether concurrent or
538. V. consecutive has to be considered by
539.
Assistant Collector of Customs the latter Court convicting.

AIR 1988 SC 2143 Section 428 Courts should specify
Sadashiv Chhokha Sable the pre-conviction detention.

V. Procedural law is retrospective gives
State Of Maharashtra benefit to all convicts.

1993 Cri.L.J. 1469 Section 428 Death sentence validity
M.R. Kudva upheld.
V.
Section 428 Set off if not given
State of Andhra Pradesh simple misc. application is sufficient.
AIR 2007 SC 568
Section 428 Set off is entitled for the
Narayanan Nambeesan period of detention in the instant
V.
crime though during same period he
The State of Maharashtra was undergoing sentence in another
1974 (76) BOM.L.R. 690
case.
Shiv Mohan Singh Section 429(2) Trial is not likely to
V. be concluded in the near future or
the period of incarceration would not
The State (Delhi Administration)
AIR 1977 SC 949 be sufficient for granting bail.
Section 433 Life imprisonment with
Namdeo @ Ram Krushna Khot
V. direction for rest of life.

The State of Maharashtra
2006 (6) Mh.L.J. 783

State of Maharashtra and Anr.
V.

Najakat Alia Mubarak Ali
AIR 2001 SC 2255

Dinesh M.N. (S.P.)
V.

State of Gujarat
AIR 2008 SC 2318
Swamy Shraddananda Murali

Manohar Mishra
V.

State Of Karnataka
on 22 July, 2008 by SC

540. State of Haryana and Ors. Section 433A For remission policy as
541. V. on conviction date would prevail. If
542. beneficial to convict policy as on date
543. Jagdish and Harpal
AIR 2010 SC 1690 of consideration also applicable.
544. Section 433A Life imprisonment is for
545. Mulla and Anr.
546. V. 20 years unless directed otherwise.
547.
548. State of Uttar Pradesh Section 436 Bail in bailable offences
549. AIR 2010 SC 942 is rule.
Rasiklal
V. Section 436 Court to call information
whether the accused was released on
Kisore Khanchand Wadhwani
AIR 2009 SC 1341 bail or not.

Salim Ikramuddin Ansari and Section 436 Interim Bail is inherent.

Anr. Section 436 The accused in bailable
offence bailed out by police need not
V.
apply to the Maigsitrate for fresh
Officer-in-Charge, Borivali Police bail.

Station and Ors. Cr.P.C. S.436 to 450 Rules

2004 (4) Mh.L.J. 725 Section 437 Accused cannot be kept
Sukhwant Singh & Ors. in jail for failure to make payment as

V. per bail order.
State Of Punjab
(2009) 7 SCC 559 Section 437 and 439 After bail police
Monit Malhotra added life or death section

V. Magistrate cannot release otherwise
The State of Rajasthan he can additional surety.

1991 Cri.L.J. 806 Section 437 and I.P.C. Section 409
JMFC has power to grant bail.
Siddharam Satlingappa Mhetre
V.

State of Maharashtra and Ors.
AIR 2011 SC 312
Sandeep Jain
V.

National Capital Territory of Delhi
Rep. by Secretary, Home Deptt.

(18.01.2000 - SC)
Uttam kumar
V.

The State of Maharashtra
2012 Bom C.R. (Cri) 697
Ambarish Rangshahi Patnigere

V.
The State Of Maharashtra

2012 (1) Mh.L.J. 900

550. Central Bureau of Investigation Section 437 Bail cancelled accused
551. V. rected to surrender.
552.
553. Vijay Sai Reddy Section 437 Bail considerations.
554. AIR 2013 SC 2216
555. Rajesh Ranjan Yadav Section 437 Bail for Section 326 by
556. Magistrate sustained, bail for Section
557. @ Pappu Yadav
V. 302 cancelled.
558.
559. CBI Section 437 Before taking the
State of Maharashtra accused into judicial custody there

V. would be arrest.
Kaushar Yasin Qureshi and another
Section 437 Condition not to go
1996 (2) Mh.L.J. 485 abroad without permission deleted.
Sundeep Kumar Bafna
Section 437 High Court shall not
V. direct subordinate to decide bail
State of Maharashtra and Anr. application on same day Interim bail

2014 (4) SCALE 215 is permissible,
Nandini Bhatnagar Section 437 High Court should
ordinarily not direct any subordinate
V. court to decide the bail application
State Govt. of NCT of Delhi
the same day.
(2013) DMC 495 Section 437 Interim Bail is Inherent
Km. Hema Mishra
Power.
V.
State of U.P. and Ors. Section 437 Magistrate can grant bail
in Section 409 IPC as triable by
AIR 2014 SC 1066 himself held by Justice Potdar.
UP FB in Amarawati and Anr.
Section 437 Magistrate has no power
V. of bail in life term cases held by
State of U.P. Justice.
2005 Cri.L.J. 755

Sukhwant singh
V.

State of Punjab

2010 Cri.L.J. 1435 &
(2009) 7 SCC 559

The Balasaheb Satbhai Merchant
V.

The State Of Maharashtra
2012 Bom.C.R. (Cri) 841

Batta Hanuman Vishwanath Nehare
V.

State Of Maharashtra
2001 (3) Mh.L.J. 465

560. Ramji Section 437 Magistrate has power to
561. V. grant bail in offences triable by him.

562. State of Punjab Section 437 Magistrate has power to
563. MANU-PH-0150-2001 grant bail in Section 409 and 467 IPC
564. Mr. Ishan Vasant Deshmukh @
565. Prasad Vasant Kulkarni case.
566.
567. V. Section 437 Magistrate has power to
568. The State of Maharashtra grant bail in sessions triable offence
569.
570. 2011 (2) Mh.L.J. 361 not punishable with life or death.

Ram Bharoshi and Ors. Section 437 Magistrate shall not
grant bail in sessions triable offence
V. Anticipatory bail for lessor offence.

State of U.P. and Anr. Section 437 Powers of Magistrate
referred for larger bench.
2004 (3) ACR 2563
Prahlad Singh Bhati Section 437 Second Opinion -When
medical reason is a ground for bail
V. the Magistrate can call for detailed
N.C.T., Delhi
AIR 2001 SC 1444 report from medical officer.
Section 437 Solvency Certificate
Jyoti Kaut Kohli need not be insisted for always.
V.
Section 437 When medical reason is
State of Maharashtra a ground for bail the Magistrate can
Dr. Raghubir Sharan call for detailed report from medical

V. officer.
The State of Bihar Section 437(1)(i) attracted even if

AIR 1964 SC 1 the law prescribes death or
imprisonment for life as the
Ganeshanan Lakshmanan and Anr.
V. maximum.
Section 437(5) Cancellation of bail
The State of Maharashtra for breach of condition of attending
MANU-MH-0345-2009
police station was set aside.
Dr. Raghubir Sharan Section 437(6) Trial commences
V.
when the matter is posted for
The State of Bihar evidence.
AIR 1964 SC 1

Santosh Bhaurao Raut
V.

State of Maharashtra
1989 Mh.L.J. 162
Bhagwat
V.

State of Maharashtra and Anr
Union of India and others
V.

Major General Madan Lal Yadav
AIR 1996 SC 1340

571. Balkrishna Mahadev Lad Section 437A and 390 Accused even
572. after acquittal can be detained for
573. V. not furnishing surety.
574.
575. State of Maharashtra Section 437A not mandatory.
576.
577. 2012 Bom.C.R. (Cri) 300 Section 438 Anticipatory bail cannot
578. be granted as a rule but subject to
579. Sareena, O.P. satisfaction that the accused would
580. V.
581. not misuse.
582. State of Kerala Section 438 Anticipatory bail
continues till cancellation or trial is
ILR 2013 (1) Kerala 537
Rakesh Baban Borhade over.

V. Section 438 Anticipatory bail refused
State of Maharashtra in while collored crimes of cheating
Decided on 19.11.2014
Asaram Sitaram Padole in numerous states.

V. Section 438 Application to be heard
Yadaorao Raghobaji Hatwar & Ors. by the High Court having jurisdiction
over the place of offence with notice
1991 (93) BOM.L.R. 994
Narinderjit Singh Sahni and anr. to that.
Section 438 Deposit condition
V.
Union of India and ors. deleted.

(2002) 2 SCC 210 Section 438 High Court not to grant
State State of Assam and Anr. anticipatory bail for crime in another

V. state.
Dr. Brojen Gogol and Ors.
Section 438 Interim Bail -Grant of
AIR 1997 SC 4101 regular bail includes power to grant
Sumit Mehta
V. interim bail pending main
application.
State of N.C.T. of Delhi
Section 438 Jurisdiction lies with the
Dr.Pradeep Kumar Soni court having local jurisdiction.

V. Section 438 Jurisdiction lies with the
State Of Madhya Pradesh court where offence took place.

on 13 March, 1990 Section 438 Jurisdiction Application
Mukesh Kishanpuria to be heard by the High Court having
jurisdiction over the place of offence
V.
State of West Bengal with notice to that State.
2010 (4) SCALE 649

Harjit Singh
V.

Union of India (UOI) and Ors.
1994 Cri.L.J. 3134

Dr. Pradeep Kumar Soni
V.

State of Madhya Pradesh
1990 Cri.L.J. 2055

State of Assam and Anr.
V.

Dr. Brojen Gogol and Ors.
AIR 1997 SC 4101

583. Narinderjit Singh Sahni and anr. Section 438 Not applicable to person
584. V. already arrested and in prison.
585.
586. Union of India and ors. Section 438 When can anticipatory
587. Shri Gurbaksh Singh Sibbia & Ors. bail granted is explained.
588.
589. V. Section 439 Appearance of accused
590. State of Punjab before the Court amounts to custody.
591. AIR 1980 SC 1632
592. Niranjan Singh and Anr. Section 439 Cancellation of bail.
593.
V. Section.439 Factors to be considered
Prabhakar Rajaram Kharote & Ors. for bail are discussed.

AIR 1980 SC 785 Section 439 Interim bail can be
Anilkumar granted on the same day UP.
V.
Section 439 Parity ground is not
State Of Maharashtra absolute Antecedents of applicant
On 15.11.1989
Anwari Begum may warrant rejection of bail.
V. Section 439 Submitting to the Court

Sher Mohammad and Anr. also amounts to custody.
AIR 2005 SC 3530
Amarawati and Anr. Section 439 Surrender before
V. Sessions Court and bail application.
State of U.P.
2005 Cri.L.J. 755 Section 439(1) Bail order cancelled
Neeru Yadav by High court itself.
V.
State of U.P. Section 439(2) Bail obtained by
2014 (14) SCALE 59 fraud.

Niranjan Singh & Anr
V.

Prabhakar Rajaram Kharote & ors
1980 AIR 785

Sundeep Kumar Bafna
V.

State of Maharashtra and Anr.
MANU-SC-0239-2014

Dinesh Singh Arjun Singh
V.

State of U.P. and Pramod Singh
Bhagwan Singh
Jai Krishan
V.

The State of Punjab and Ors.
2010 (1) RCR (Criminal) 249 Punjab

594. Dinesh MN (SP) Section 439(2) Bail when to cancel.
595. V.
596. Section 439(2) Cancellation of bail
597. State Of Gujarat Justified.
598. on 28 April, 2008
599. Puran, Shekhar And Anr Section 439(2) When can the bail be
600. Cancelled.
601. V.
602. Rambilas & Anr., State Section 439(2) Bail can be cancelled
603. on allegation of tampering Bombay
604. on 3 May, 2001
Dr_ Narendra K Amin case referred.

V. Section 441(3) and 209 Bail bond is
State Of Gujarat & Anr for appearance before Sessions
Court.
on 28 April, 2008
State (Delhi Administration) Section 445 Pending surety
verification Magistrates has power to
V. release accused on cash surety and
Sanjay Gandhi
AIR 1978 SC 961 thereafter asking him to
Free Legal Aid Committee furnish solvent sureties.
Section 446 Forfeit first and then
V. issue show cause notice to recover
State of Bihar
AIR 1982 SC 1463 amount.
Mr. Sajal Kumar Mitra and Ors.
Section 446 Show cause notice
V. necessary.
The State of Maharashtra
Section 451 and 452 explained in
2011 Cri.L.J. 2744 Forest Act Case.

Bhoja Babu Salian Section 451 and 457 Supreme Court
V. directions regarding custody of
seized properties.
State Of Maharashtra
1983 (2) Bom.C.R. 165 Section 451 Magistrate has no
jurisdiction to release vehicle.
Ghulam Mehdi
V.

State Of Rajasthan
AIR 1960 SC 1185
Divisional Forest Officer and Anr.

V.
G.V. Sudhakar Rao and Ors.

MANU-SC-0069-1985
General Insurance Council & Ors.

V.
State of Andhra Pradesh and Ors.

2010 Cri.L.J. 2883
Delhi Excise Act State (NCT of Delhi)

V.
Narender
MANU-SC-0010-2014

605. State Bank of India Section 451 Party adversely affected
606. V. should be heard before the Court
607. makes an order for return of the
608. Rajendra Kumar Singh and Ors. seized property.
609. AIR 1969 SC 401 Section 457 and Forest Act
610. State of Karnataka
611. V. Magistrate has no jurisdiction to give
612. interim custody.
613. K.A. Kunchindammed
614. AIR 2002 SC 1875 Section 457 Aplication was directed
615. to be decided at the end.
Navin Vasantraj Modh
V. Section 457 When it is proved that
T.T. forms were submitted non-
State of Maharashtra transfer of registration of vehicle
2012 Bom.C.R. (Cri) 685 does not matter.
Prakash Tarachand Sakhre Section 465(2) Court to consider
whether objection had raised
V. objection PC Act Section 19.
Ashok Pundloikrao Wajge and Anr.
Section 468 Date of filing complaint
2001 Cri.L.J. 3024 and not cognizance be counted.
Central Bureau of Investigation
Section 468 Limitaion Rational and
V. Purpose behind.
V.K. Sehgal
AIR 1999 SC 3706 Section 468(2) Bar of limitation on
Japani Sahoo prosecutions was clearly to prevent
the parties from filing cases after a
V.
Chandra Sekhar Mohanty long time.
Section 473 Delay should be
AIR 2007 SC 2762 explained in the complaint or
Limination Arun Vyas & Anr separate application and Court
should pass speaking order.
V. Section 473 Delay stood explained.
Anita Vyas on
14 May, 1999 Section 473 Notice to accused before
State Of Punjab taking cognizance is not
contemplated.
V.
Sarwan Singh
1981 SCALE (1) 619

Jethmal Himmatmal Jain and Ors
V.

State of Maharashtra
1981 Cri.L.J. 1813
Rakesh Kumar Jain
V.
State Through CBI
AIR 2000 SC 2754
Mrs. Sarah Mathew
V.

The Institute of Cardio Vascular
Diseases

MANU-SC-1210-2013

616. Kanwardeep singh Harban singh Section 475 and Court Martial (A.o.J)
Rules, 1952 Notice to Commandant
617. Bedi
Necessary.
618. V.
619. Section 482 Case transfer from one
620. The State of Maharashtra Magistrate to another Magistrate
621. rejected.
2010 Cri.L.J. 315
622. Section 482 No compounding of
623. Modilal Kaluram Kachhara and noncompoundable offences.
624. etc.
625. V. Section 482 When can FIR be
quashed.
State of Maharashtra
MANU-MH-0041-1988 Section 482 Which offences can be
Abasaheb Yadav Honmane And Quashed.

V. Pleading guilty After explaining
The State Of Maharashtra charge Court should inform about
minimum sentence unless special
on 12 March, 2008
Harmanpreet Singh Ahluwalia & Ors reasons are shown.

V. Cr.P.C. T.I. Parade and purpose No
State Of Punjab & Ors provision in Cr.P.C. which obliges

on 5 May, 2009 investigation agency to hold
Gian Singh identification parade.
V.
Fair Trial and About Witnesses
State of Punjab and Anr. protection National.
2012 Bom.C.R. (Cri) 428
IPC Section 304B and 498A
State of Gujarat conviction under Section 306.
V.
IPC Section 411 and Police Act
Krushnmorari Section 124 and Railway
Ramkrushna Gupta and Ors
Property Act Section 3 Possession of
(1988) 2 GLR 965 property need not be necessarily a
The State Of Maharashtra
subsisting possession.
V.
Manik Mohan Gaikwad
on 26 November, 2008
Human Rights Commission

V.
State of Gujarat and Ors.

(2009) 6 SCC 342
Ramesh Vithal Patil

V.
State of Karnataka and Ors.
2014 (2) Crimes 227 (SC)

State of Maharashtra
V.

Vishwanath Tukaram Umale & Ors.
AIR 1979 SC 1825

626. Union of India (UOI) and Anr. JMFC has jurisdiction throughout
627. V. District.
628.
629. B.N. Ananti Padmanabiah etc. M.V. Act Old S.113 Conviction upheld
630. AIR 1971 SC 1836 though summons were served after
631. Madhav Raoji
632. V. 28 days.
State
633. AIR 1952 Bom 385 MCOCA Section 9 and 23 Private
634. Complaint tenable.
635. Ashok Gyanchand Vohra
636. V. Mens rea and Law and Order and
637. Pith and Substance.
The State Of Maharashtra And Anr.
Kartar Singh MRTP Act Section 142 Prosecution
V. not tenable for want of previous
sanction.
State of Punjab (1994) 3 SCC 569
Sau Devakibai Murder of Money Lender Case.
V.
PCPNDT Circular for online
State of Maharashtra information was upheld Radiological
Bombay HC decided on 24.07.2014
and Imaging.
Ramesh
V. Plea not signed by accused no
interference.
State Of Rajasthan
on 22 February, 2011 Penalty and Punishment difference.

Association Police Act Section 124 Possession of
V. foreign made wrist watches

Union of India (UOI) unexplained Hence conviction
Through its Secretary upheld.

AIR 2011 Bom 171 Police Credibility.
Diwan Bhai
V. Prisoners Act Section 29(2) Not
applicable to undertrial prisoners.
Union of India and Ors.
MANU DE 1823 2001
Thomas Dana
V.
The State of Punjab
AIR 1959 SC 375

Champaklal Ganeshmal
V.

The State of Maharashtra
AIR 1975 SC 160

Aher Raja Khima
V.

The State Of Maharashtra
on 22 December, 1955

The State Of Maharashtra And Etc.
V. Saeed Sohail Sheikh Etc.
On 2 November, 2012

Type your te

638. Sidhartha Vashisht @ Manu Sharma Prosecutor's role explained and Delay
639. ROLE OF PROSECUTOR in recording the statement of the
640.
641. Shri Sandeep Indravadan Sagar witnesses do not necessarily discredit
V. their testimonies.

State of Maharashtra and others Rubber stamp use-mentioned.
decided on 10.01.2013
The Food Inspector Sanction and Consent Explained.
V.
M. Pandarinath and Anr. TADA Section 15(1) Confession
1992 (2) AP.L.J. 396 cannot be used
Hardeep Singh Sohal
V. against coaccused in other than joint
State of Punjab trial.
(2004) 11 SCC 612

Copy protected with Online-PDF-No-Copy.com