Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.438 Cr.P.C is a right provided for a person to approach High Court or Court of Session, seeking direction to enlarge him on bail, in the event of his arrest, in a case wherein he apprehends his arrest on accusation of having committed a non-bailable offence...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 323, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 25, 29B, 30 -- Anticipatory bail - Murder - Accused main conspirator in the case - He was absconding not only in present case but also in another FIR registered against him - Custodial interrogation of accused appears to be..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused obtained order of default bail by deliberately misrepresenting facts - Order recalled...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court while considering an application for bail must not go into deep merits of the matter such as question of credibility and reliability of PWs which can only be tested during the trial...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape of 3 years old minor girl - Prima facie evidence on record that accused has committed an inhuman act of rape on a minor girl of 3 years - Victim has narrated her ordeal in words as well as in signs and..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within period prescribed - Accused is not entitled to default bail if cognizance is not taken before expiry of stipulated period...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), Criminal Procedure Code, 1973, Section 439 -- Recovery of 920 intoxicating tablets - Bail - Keeping in view the nature and quantity of contraband as well as custodial period of accused, his further detention behind the bars may not be necessary for any purpose, without expressing any opinion on merits of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1 quintal 3 kg 290 grms Ganja - Bail - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused, reasonable..........
Criminal Procedure Code, 1973, Section 439 -- Bail - It is not necessary for a Court to give elaborate reasons while granting bail particularly when case is at the initial stage and allegations of offences by accused not crystallized as such...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Bail granted by High Court by passing a very cryptic and casual order, de hors cogent reasoning - Court though not to engage in an elaborate discussion on merits of the case but in the instant case bail granted by not taking not account even a single aspect of the..........
