RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 64A-- Bail - Drug addict - Recovery of 2 gms heroine - Accused a drug addict was earlier arrested twice for small quantity - He is not involved in trade of sale and purchase of NDPS - Considering the sentence of six months prescribed for recovery of small quantity of heroine, accused ordered to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Bail - Recovery of 100 gms intoxicant powder - Police official who conducted search and seizure was not holding the rank of ASI and he was only granted ad hoc promotion/rank of ASI and drawing salary for the post of head constable - He was thus, not competent to exercise powers specified u/ss 42,..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438-- Second anticipatory bail application - Maintainable only if there is change in the fact situation or where earlier finding has become obsolete - In the absence thereof second bail application is not maintainable...........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, 482-- Bail - Acceptance of tender of pardon u/s 306 Cr.P.C. by petitioner - Application for bail cannot be entertained u/s 439 Cr.P.C., as by acceptance of tender of pardon, petitioner legally and practically ceased to be an accused temporarily and gained the status of witness, subject of course to..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306, 439, 482-- Bail - Remand prisoner, who has accepted tender of pardon - Can be released on bail by High Court in exercise of powers u/s 482 Cr.P.C., if not u/s 439 Cr.P.C. in appropriate and justifiable circumstances...........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306-- Tender of pardon - Provision contains some discrimination between persons who are already on bail and persons who are in judicial custody - If an accused already on bail accepts tender of pardon, he cannot be detained in custody u/s 306(4)(b) Cr.P.C. - Provision can be applied only in case of an..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306, 439, 482-- Bail - Acceptance of tender of pardon by accused - Factors to be consider by High Court while exercising discretion in favour of approver u/s 482 Cr.P.C: (i) possible suspicion regarding reliability of approver due to his antecedents; (ii) possibility of approver being influenced or won over by..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306, 482, Indian Penal Code, 1860, Section 120B, 115-- Bail - Acceptance of tender of pardon by petitioner - Offence u/ss 120-B, 115 IPC - Petitioner is a previous convict and he has more than two convictions in his credit - Second accused is also a previous convict, with whom petitioner developed acquaintance while undergoing sentence in jail - There..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B-- Anticipatory bail - Cheating - Allegations against applicant serious in nature which are weighty - Investigating agency, in order to complete the investigation, required custodial presence and availability of accused - Merely because applicant is 65 years old lady, it cannot be said that she..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 109, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Petitioner not named in FIR - Prosecutrix did not name petitioner in her earlier statement u/s 164 Cr.P.C. - Co-accused already granted bail - Bail granted...........