Showing : 691-700 of 2387 Results

JHARKHAND HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439, 24(8), 301(2)-- Bail - A private person or victim of crime has a locus to appear and oppose the prayer for grant of bail to accused - However, it is within the discretion of Court to permit appearance of a victim or a private person in order to assist prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389, 439-- Grant of bail u/s.439 Cr.P.C. and u/s.389 Cr.P.C. - Distinction - Held, in case of S.439, only notice to public prosecutor, unless impractical, be given before granting bail to a person who is accused of an offence which is triable exclusively by Court of Sessions or where punishment for offence..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Post conviction bail - Procedure for - Held, appellate Court, if inclined to consider release of convict sentenced to punishment for death or imprisonment for life or for period of ten years or more, shall first give an opportunity to public prosecutor to show cause in writing against such release..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(4)-- Default bail - Challan not presented within time - Application for extension of time filed before expiry of period of presentation of challan - No interim or final order of extension of time passed - After presentation of challan extension of time granted - Order of extension of time will operate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2), 439-- Bail - Recovery of 90 gms narcotic powder - In the instant case, petitioner arrested on 30.08.2013 and 180 days expired on 1.03.2014 - However, incomplete challan presented on 19.12.2013 without report of chemical examiner - Petitioner's application for bail u/s 167(2) Cr.P.C. dismissed on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 1200 ML which is equivalent to 1092 gms. intoxicating liquid containing Codeine Phosphate - As per Schedule to NDPS Act 1000 gms and above of intoxicating liquid would be construed as commercial quantity - Recovery is marginally over and above commercial quantity - Petitioner is..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Error committed by Advocate in drafting bail application and misleading Court - Matter should be referred to Bar Council for taking action against such Advocate - It is not a ground to cancel bail - Application for cancellation of bail stand rejected...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Appeal - Suspension of sentence - Bail - Offence u/ss 302, 394, 201 & 411 IPC - Case virtually a case of no evidence - No one was named in FIR - Appellant is said to have been roaming near the place where dead body of deceased was recovered - There is some recovery of Tora and Safi but no..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2)-- Application for default bail - Charge-sheet not filed within 90 days - Application for grant of bail u/s.167(2) CrPC filed by accused - Held, Magistrate is obliged to deal with application on that day - Adjournment by Magistrate misconceived - Court cannot act to extinguish right of accused if law..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Grant of - Charge-sheet not filed within statutory period of 90 days - Accused filed application for bail u/s.167(2) CrPC - Thereafter, prosecution submitted application for extension of time for filing charge-sheet - Held, accused entitled to grant of bail u/s. 167(2) CrPC...........

Showing : 691-700 of 2387 Results