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KERALA HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - There is absolute bar provided u/s 18 and reiterated u/s 18-A of SC/ST Act against grant of pre-arrest bail - Application u/s 438 Cr.P.C. dismissed...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12-- Bail - Juvenile - Murder case - While rejecting bail application of juvenile, it cannot be criteria that alleged offence is of serious and heinous nature - Order must show that grant of bail to juvenile is against his interest as there is possibility of his being associated with known criminals,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22- - Offence u/s 22 NDPS Act Recovery of 116.42 gm alprazolam and 223.3 gm tramadol hydrochloride - Recovery of alprazolam is slightly above the commercial quantity while recovery of tramadol hydrochloride is below the commercial quantity - No other case is pending against the petitioner - Keeping in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85-- Bail - Offence u/ss 21, 61, 85 NDPS Act - Petitioners have been inculpated on the basis of disclosure statement - Petitioners are in custody from 1 year and 8 months and out of 23 witnesses not even a single witness has been examined - Keeping in view the period of custody already suffered by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 23, 29, 60, 61-- Bail - Offence u/ss 8, 21, 23, 29, 60, 61 - Recovery of about 2 kgs of heroin from the fields of co-accused and after his arrest he named petitioner as one of the members of the gang - Apart from disclosure statement, there is no other evidence against petitioner - Keeping in view the period of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Whenever a person approaches High Court or Court of Session for issuance of a direction u/s 438 Cr.P.C., then it is incumbent for him to establish the first and foremost condition of apprehension or likelihood of his arrest on the accusation of having committed a no, bailable..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3-- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85-- Anticipatory bail - Offence u/ss 22, 61, 85 NDPS Act - Petitioner filed application u/s 439 Cr.P.C. for grant of regular bail and concession of interim regular bail was extended on specific ground that FSL report was awaited - Upon filing of FSL report by prosecution, ground for bail ceases to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/s 22 NDPS Act - Recovery is only of 50 grams intoxicant powder and petitioner is in custody for almost 9 months - Keeping in view the entire conspectus of facts and period of incarceration already suffered by petitioner it deems appropriate to grant bail - Bail granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/s 15 NDPS Act - Recovery of 55 kgs of poppy husk - Petitioner is in custody for 7 months and 16 days and she is punished for no fault on her part - Keeping in view the entire conspectus of facts and period of incarceration already suffered by petitioner, it deems appropriate to..........

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