DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Bail once granted should not be cancelled in a mechanical manner without considering any supervening circumstances not conducive to fair trial - Bail can be cancelled only in those discerning few cases where it is shown that a person to whom the concession of bail has been..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Bail once granted cannot be considered barely on a request from the side of complainant unless and until complainant shows that same is being misused and it is not no longer conducive in the interest of justice to allow accused any further to remain on bail...........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Offence u/s 302 IPC and Ss.25, 27, 30 of Arms Act - Presence of accused at the spot not disputed as he sustained bullet injuries in his hand - Accused facing trial u/s 302 IPC for which punishment is life imprisonment or death - Granting bail is thus, barred u/s 437 Cr.P.C -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 27, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 60 kgs poppy husk - As per recovery effected by police officer, two bags containing poppy husk recovered and quantity of contraband recovered from petitioner is marginally higher than commercial quantity - Moreover, petitioner is in custody sine June, 2015 - Even, FSL report not..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439-- Bail - Cultivation of 400 cannabis plant without any valid license and permit - Recovery of 500 gms of dry ganja - Cultivation of cannabis plant is prohibited - It is not the case of petitioner that he obtained license or permit or authorization from competent authority to cultivate the same for..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439-- Bail - Cultivation of 400 cannabis plant - Quantum of punishment - Punishment for cultivation of cannabis plant does not depend on quality or number of plants cultivated but is dependent upon quantity of cannabis - Even cultivation of one plant of cannabis is punishable for sentence of R.I for a..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A, 376, 384-- Anticipatory Bail - Text of phone messages clearly indicative of long standing close and intimate relations between petitioner and complainant - Complainant sharing minutest details with petitioner - Prosecutrix used to send text messages and invite petitioner to her house at odd hours -..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439(2), 437(5)-- Cancellation of bail - Powers granted to Magistrate u/s 437(5) Cr.P.C. and power granted to Sessions Court as well as High Court u/s 439(2) Cr.P.C. are not for cancellation of bail in all circumstances...........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439(2), 437(5)-- Cancellation of bail - When there is violation of bail conditions, prosecution or aggrieved need not rush to Superior Courts, they can approach the very same Court u/s 437(5) Cr.P.C. as well as u/s 439(2) Cr.P.C. for getting the accused arrested...........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Arrest of accused and his/her committing to custody as contained in Ss.437(5), 439(2) Cr.P.C. has the effect of cancellation of bail...........