Art

*Appeal by Victims of Crime* – Appeal against acquittal – Right of victim to file appeal u/S.372 Cr.P.C., cannot be defeated on dismissal of petition for leave to appeal filed by State.... *2018 ALL SCR (Cri) 270*

*Bail* – Grant of bail – Scope of exercise of power by High Court – High Court is not expected to pass mandatory orders commanding subordinate court to compulsorily grant bail.... *2018 ALL SCR (Cri) 206*

*Electronic Evidence* – Requirement of furnishing certificate as per S.65B(4) – Applicability – A party who is not in possession of device from which document is produced – Cannot be required to produce certificate u/S.65B(4) – Applicability of such requirement being procedural, can be relaxed by court wherever interest of justice so justifies.... *2018 ALL SCR (Cri) 364*

*Bail* – Statutory bail application – Consideration of, pending application for extension of time to file charge sheet – Bail application could be considered only if extension application is rejected – In no case hearing on statutory bail application precede the consideration of application for extension of time for filing charge sheet.... *2018 ALL SCR (Cri) 345*

*FIR* – Evidentiary value – Held, value attached to FIR depends upon facts and circumstances of each case – Merely because names of accused are not stated and their names are not specified in FIR – That may not be a ground to doubt contents of FIR – Prosecution case cannot be thrown out on this count.... *2018 ALL SCR (Cri) 311*

*Murder or Culpable Homicide* – Determination –Neither factum of use of knife by accused during assault nor multiple blows given by him – Can be sole basis to deny accused of benefit available under Exception 4 to S.300.... *2018 ALL SCR (Cri) 221*

*Child Witness* – Whether competent to testify – Relevant consideration – Stated.... *2018 ALL MR (Cri) 663*

*Hearsay Evidence* – Admissibility – Evidence of a witness that he learnt the fact from another person – Cannot be admitted – Particularly, when the another person does not step in the witness box and says that he had narrated that particular fact to the particular witness.... *2018 ALL MR (Cri) 663*

*Issuance of Process* – Order of issuance of process – Interference by Supreme Court u/Art.136 – Scope – Order being purely interim in nature having been passed by Magistrate in exercise of its discretionary power – Same cannot be interfered with by Supreme Court under Art.136.... *2018 ALL MR (Cri) 904 (S.C.)*
[23/02, 8:27 PM] Rajaguru Adv Whatsup Group: *Important decision reported in ALL MR (Cri) February 2018 part*

*Recovery Evidence* – When there is direct evidence, not much importance can be given to circumstance of absence of evidence of recovery of weapon used in crime.... *2018 ALL MR (Cri) 844*

*Preventive Detention* – Merely because person is a slumlord by itself not enough to issue order of detention.... *2018 ALL MR (Cri) 724*

*Release of Seized Vehicle* – On condition of not to sell – Challenge – If vehicle kept idle its value would be reduced and finance company would suffer loss – Restriction on sale of truck, removed.... *2018 ALL MR (Cri) 636*