Criminal Procedure Code, 1973, Section 439 -- Bail - Accused has undergone 12 years of actual incarceration and still bail denied to him - It is appropriate to call a report from Registrar of Lucknow Bench of position of non-availability of a Bench as also how many applications are pending consideration of bail where appeal is pending consideration and person incarceration..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While rejecting application for anticipatory bail, Court cannot direct arrest of accused, as such aspect is required to be left for investigating agency to examine and to take such steps as may be permissible in law and as may be required...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Computation of period of detention - If an additional or new offence(s) are found to be made out by investigating authority against an accused then computation of period as laid down u/s 167 Cr.P.C would be done afresh...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If a bail application u/s 167(2) Cr.P.C seeking default bail filed after filing of charge sheet, even if charge sheet has been filed after expiry of prescribed statutory time limit under said provision of law, bail application would not be maintainable...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner cannot seek bail on the ground of delay of trial of the case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 149, 148, 147, 109, 212, 216, 201, Arms Act, 1959, Section 25(IA), 25(IAAA), 25(1B)(a), 25(1B)(c), 27(3), 30 -- Bail - Murder - Accused is the main person who is behind the conspiracy and he is responsible for commission of murder of Mayor - He arranged the vehicles and masks etc. to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Specific allegations regarding harassment by making demand of additional dowry not made against parents of husband - The only allegation against them is that they did not like the deceased marrying their son and as such they used to make comments against her in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Transportation of 200 Kgs. Ganja - Default bail - Application for extension of time filed before expiry of 180 days - Period of time for completion of investigation was extended by another 180 days - Default bail rightly declined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1.115 kg charas - Considering all facts and circumstances of case including quantum of contraband recovered from carry bag allegedly being carried by accused and period of his detention and other material placed on record, without commenting on..........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the stage when the Court is called upon to evaluate whether a case for grant of bail has been made out, it is inappropriate to enter upon matter which would form the subject of trial when evidence is adduced by prosecution...........
