Showing : 41-50 of 107 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/s 306 IPC - Accused is already in custody - Challan has been presented and charge has been framed against accused - Conclusion of trial may take time - Moreover, accused is in under treatment in PGI Chandigarh - Bail granted...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29-- Bail - Recovery of 3.750 Kgs. opium - Inspector evidently made wrong entries of time while recording statement of accused u/s 67 of NDPS Act and preparing his arrest memo in order to project that statement was recorded while he was not in custody or under arrest - Without commenting on merits but..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Bail - Recovery of poppy husk - Weight 52 kg. including weight of bags - If weight of bags is taken as 1 kg. and same is excluded from the recovery then recovery will fall under non commercial quantity - Bail granted treating the recovery as non commercial...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 409, 468, 471, Criminal Procedure Code, 1973, Section 439(1)- - Grant of bail - Notice to Public Prosecutor - Initial charge-sheet running into more than 268 pages - Prosecutor applied for remand of at least 2 days which was declined - Held, notice under proviso to 439 (1) implies a proper and full opportunity to prosecutor to point out as to why bail should..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149-- Bail - Murder - Petitioner 80 years old - No specific role has been assigned to the petitioner - He was not armed with any weapon and was empty handed - Further detention as an under trial not warranted - Bail granted...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 457-- Bail - Theft of gold jewelry & mobile phone from a residential house - Petitioner in judicial custody - Trial likely to take a long time - Continuous detention of petitioner as an under trial is not warranted - Bail granted...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
National Investigation Agency Act, 2008, Section 21, Criminal Procedure Code, 1973, Section 439-- Appeal against order of Special Court passed under the Act refusing or granting bail - Held, it lies only to a bench of two Judges of High Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85-- Bail - Recovery of 40 injections from medical store - One strip containing 5 injections of Buprenorphine sent to Chemical Examiner - Question whether injections/medicine recovered from petitioner falls within provisions of NDPS Act, stands referred to Division Bench - In some cases under similar..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of allopathic drugs - No licence is required under NDPS Act for storage of allopathic drugs containing narcotic drugs and psychotropic substances - State Govt. has not framed any rule in this regard - Held, petitioner entitled to be released on bail during pendency of trial...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 439-- Grant of bail - Interference with in writ jurisdiction - Held, power to grant bail by Sessions Judge is a discretionary power - Such power should not be arbitrarily used - However, if Sessions Judge, on perusal of materials comes to conclusion that it is a fit case where bail should be granted,..........

Showing : 41-50 of 107 Results