Criminal Procedure Code, 1973, Section 439 -- Bail - Directions issued: (i) Trial Courts are directed that when an accused appear before trial Court after receiving notice from police station for filing of charge-sheet, then on his appearance such accused person is deemed to be under custody of Court and his application u/s 439 Cr.P.C. is maintainable and he may not be..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Contraband - Charge sheet filed without FSL report within time period as per law - Non-filing of FSL report with charge sheet does not fall within the realms of S.173(2) of Cr.P.C. - Moreso, amount of quantity recovered from accused is of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Length of period of his custody or fact that charge sheet has been filed and trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to accused u/s 37 of the Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - Diametrically opposite case in the charge-sheet than that alleged in FIR gives rise to serious doubt on the veracity of prosecution case against accused - No interference..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet not filed within stipulated period of 60 days - Charge sheet filed on the same day on which application for default bail was filed - Impugned order shows that charge sheet was filed at 4.00 p.m. - Thus indisputably, charge sheet was not filed before filing of default bail application - Accused is..........
Criminal Procedure Code, 1973, Section 439 -- Bail - FIR registered under Gujarat Control of Terrorism and Organized Crime Act (GCTOC) - For invoking provisions of GCTOC Act, more than one charge sheet must have been filed in preceding period of last 10 years - Since, only one charge sheet was filed in respect of an activity which can be said to have been undertaken by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Interim bail - Cheating - Accused already released on bail in 87 criminal cases - Main allegation against accused in present FIR is that certificates are forged - Further, allegation is that person who had issued certificates was not authorized to issue those certificates - Charge..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet and application for default bail filed on the same day - However, charge sheet was filed before filing of application for default bail - Accused's right of default bail is thus, extinguished - Application for default bail rightly rejected...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 406, 409, 420, 34 -- Default bail - Charge sheet not filed within 60 days - Right accrued for default bail cannot be defeated by mere invocation of S.409 IPC claiming that period of completion of investigation and filing of charge sheet is 90 days - Bail granted...........
