Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Challan stands presented - It is a case of no injury - Out of 16 PWs none has been examined so far - Accused has been in custody since 2021 - Trial is unlikely to conclude any time soon - No useful purpose would be served by keeping..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - In a case when there are arguable points on merits and custody is also adequate, the Hon'ble Supreme as well as various High Courts have granted bail even in cases involving commercial quantity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - Bail - Several arguable points in the case which would be finally considered at the time of trial - Keeping in view facts and circumstances of the case as well as custody period of petitioner, bail granted to petitioner with..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At least there has to be some factual supporting material for what has been alleged in the FIR - Completely missing in the instant case - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Interim bail - Murder - Accused applied for interim bail for a period of 10 days to attend sister's marriage - He being only brother has to perform certain rituals and make all the arrangements of his sister's wedding - Interim bail granted to..........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Application for premature release has to be considered on the basis of policy as it stood on the date when accused was convicted of offence...........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Order rejecting application for pre-mature release is bereft of an application of mind to relevant circumstances bearing on whether petitioner should be released prematurely - Order does not contain any reference whatsoever to whether petitioner possess any prior criminal history - Even, order is..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Detention of person in police custody not authorized by law - Cannot be treated as an act committed in discharge of official duty - Sanction u/s 197 Cr.P.C not warranted...........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Rejection of - Police filed cancellation report and Magistrate directed re-investigation - IO conducted investigation again and filed second closure report - Magistrate rejected second closure report merely on basis of earlier order of rejecting first closure report - Order is recorded in a perfunctory and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - It is not in dispute that there is no suicide note of deceased - No overt act has been attributed to present petitioner to show that petitioner had instigated or aided commission of suicide - FIR has been registered on account of doubt/suspicion and..........
