Questions and answers on law Part 39

Q 1:-  Whether Session court can impose condition to deposit amount of fraud involved in crime for grant of bail?

Ans: Court should not impose condition to deposit amount of fraud involved in crime for grant of bail.

We may hasten to add that we are not saying that no monetary condition can be imposed for grant of bail. We say so as there are cases of offences against property or otherwise but that cannot be a compensation to be deposited and disbursed as if that grant has to take place as a condition of the person being

enlarged on bail.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.432 OF 2021

DHARMESH @ DHARMENDRA @  DHAMO JAGDISHBHAI @

JAGABHAI BHAGUBHAI RATADIA  Vs THE STATE OF GUJARAT

Author: SANJAY KISHAN KAUL, J.

Dated: July 07, 2021.

https://www.lawweb.in/2021/07/whether-court-can-order-accused-to.html

Q 2 :- After settlement of issues, defence is struck off. Then is it essential to delete all the issues? If not, then what is fate of those issues ?

Ans:- Issues once framed cannot be deleted. We cannot turn the wheel in backward direction.

The issues of law have to be decided by court on its own. The issues whose burden is upon plaintiff is to be decided on basis of pleadings and plaintiffs evidence. Only issues whose burden is upon defendant will be answered accordingly due to striking off of defence. Thus, court must give it's finding on all issues in view of order 14 of CPC.

Q 3 :- In a marriage procession  somebody fires a pistol in air for having fun. Some one at the same time push him and pistol get fired at the crowd. One receives injury and die.  What would be the offence?

Ans: The offence committed by the accused would amount to 'culpable homicide' within the meaning of Section 299, though punishable Under Section 304 Part 2 of the Indian Penal Code.

Incidents of celebratory firing are regretfully rising, for they are seen as a status symbol. A gun licensed for self-protection or safety and security of crops and cattle cannot be fired in celebratory events, it being a potential cause of fatal accidents. Such like misuse of fire arms convert a happy event to a pall of gloom. Appellant cannot escape the consequences of carrying the gun with live cartridges with the knowledge that firing at a marriage ceremony with people present there was imminently dangerous and was likely to cause death.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 407 of 2020 

Decided On: 18.03.2020

 Bhagwan Singh  Vs. State of Uttarakhand

Hon'ble Judges/Coram:

S.A. Bobde, C.J.I., B.R. Gavai and Surya Kant, JJ.

https://www.lawweb.in/2020/06/whether-accused-can-be-held-guilty-for.html

Q 4 :- What is difference between injunction order passed under section 94 and under order 39 CPC?

Ans:- S 94 of CPC is substantive provision and O 39 of CPC provides procedure for exercise of that power. As observed by the Apex Court in Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth HiraLal, , that Order 39, Rules 1 and 2 is not exhaustive and the situations not covered by Order 39, Rules 1 and 2 of the Code of Civil Procedure could be met by passing suitable orders in fit cases under sections 94 and 151 of the Code of Civil Procedure. Of course, such power is sparingly used and cannot be claimed as a matter of right but in deserving cases and where it is imminently required, the Court is not powerless and may pass appropriate order of temporary injunction at the instance of defendant in the interest of justice.

Gauhati High Court

Reboti Ray vs Sashi Kanta Budhia @ Agarwal on 22 February, 2006

Equivalent citations: (2006) 3 GLR 42

Author: I Ansari

Bench: I Ansari

https://www.lawweb.in/2021/09/under-which-section-of-cpc-court-can.html

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