Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506 -- Anticipatory bail - Rape - Complainant is a married lady having two children - Accused and complainant were known to each other - Prior to registration of FIR, accused already lodged a complaint against complainant regarding theft of his mobile phone and other valuable items -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 102 kg 950 gms Ganja - Accused is a first offender and he is in custody for more than three years - Trial of case is lingering because of apathy of State - There is no chance of absconding of accused, as his home and hearth is within..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup - Interim bail - Accused is resident of J&K - There is very good possibility of accused absconding from justice in case he is granted concession of interim bail -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Accused can be declared proclaimed offender when Court had reason to believe that accused against whom warrants were issued was absconding or concealing himself so that warrants could not be executed...........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - A person against whom a warrant is issued and is absconding or concealing himself in order to avoid execution of warrants and proceedings u/s 82 Cr.P.C. initiated against him, is not entitled to relief of anticipatory bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Some of the accused absconding - Case kept open against them u/s 173(8) Cr.P.C. - Charge sheet filed against them beyond 90 days of their arrest - Such accused are entitled to default bail...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Accused allegedly poured hot lali (raw material used for preparing liquor) upon deceased - Medical evidence on record shows that there were 75% burn injuries on chest of deceased - Oral dying declaration of deceased made before PW2 stands corroborated with medical..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 323, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 25, 29B, 30 -- Anticipatory bail - Murder - Accused main conspirator in the case - He was absconding not only in present case but also in another FIR registered against him - Custodial interrogation of accused appears to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 305, Protection of Children from Sexual Offences Act, 2012, Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 305 IPC and S.21 of POCSO Act and S.3(2)(vi) of..........
