Showing : 51-60 of 178 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439-- Grant of bail - Power of Court of Session - Held, since Magistrate is completely barred from granting bail to a person accused of an offence punishable by death or imprisonment for life, a superior Court such as Court of Session, should not be incapacitated from considering bail application..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 121, 124, Criminal Procedure Code, 1973, Section 439-- Grant of bail - Both appellants implicated u/ss 121, 124(1) and 120B IPC as well as S.8(1) (2) (3) of Chhattisgarh Jansuraksha Adhiniyam and Ss.10 & 13 of Unlawful Activities Act - Appellants are on bail with condition that they would not enter State of Chhattisgarh during this period - Other two..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 409, 468, 471, Criminal Procedure Code, 1973, Section 439(1)- - Grant of bail - Notice to Public Prosecutor - Initial charge-sheet running into more than 268 pages - Prosecutor applied for remand of at least 2 days which was declined - Held, notice under proviso to 439 (1) implies a proper and full opportunity to prosecutor to point out as to why bail should..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Contraband - Grant of bail - Recovery of 100 Capsules of Petmol spas and recovery of 200 grams of intoxicating powder from co-accused - Conscious possession of 200 grams of intoxicating powder recovered from co-accused would be a moot point during course of trial - Recovery of 100 capsules is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 376, 498A, 406-- Bail - Grant of - Petitioner is in custody for last about 4 months - He is no longer required for purpose of investigation - Challan has already been presented in Court and conclusion of trial is likely to take time - Mother and brother of petitioner have been allowed benefit of anticipatory bail..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439-- Grant of bail - Recovery of 1096 Kgs of poppy husk - Petitioner and his co-accused were not arrested on spot - Co-accused of petitioner was arrested on disclosure statement of principal accused from whom alleged poppy husk was recovered - Except that, no other material was collected to connect..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439-- Bail - "Reasonable grounds for believing" - Means the Court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge - It is not expected, at this..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 65, Criminal Procedure Code, 1973, Section 439-- Grant of bail - Recovery of 56 gms of smack from petitioner - Keeping in view quantity of smack, petitioner ordered to be referred to de-addiction centre for carrying out his urine or blood test in respect to his addiction - Medical Board opined that there is no test available in de addition..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Grant of - Cheating - Accused/Managing Director of company entered into agreement to sell plots on receipt of full payment - Company not in possession of genuine transferable/saleable homestead land - Documents pertaining to land in question already seized by income tax department - Accused..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 439-- Grant of bail - Interference with in writ jurisdiction - Held, power to grant bail by Sessions Judge is a discretionary power - Such power should not be arbitrarily used - However, if Sessions Judge, on perusal of materials comes to conclusion that it is a fit case where bail should be granted,..........

Showing : 51-60 of 178 Results