Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 353, 333, 147 -- Bail - Offence u/ss 353, 333, 147 IPC - Accused refuted the allegation that he alongwith other inmates, assaulted jail staff - Accused alleges that he was given merciless beatings by jail authorities and he suffered 11 injuries while in custody - It is thus, a fit case to grant..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of anticipatory bail - Dowry death - Cruelty - FIR contains recital of allegation bearing on role of accused in demanding dowry, of prior incident of assault, payment of moneys by cheque to in-laws of deceased..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1000 Tramadol tablets - Recovered quantity of contraband which falls in category of commercial quantity would attract fetters imposed by S.37 NDPS Act in the matters of grant of bail...........
Criminal Procedure Code, 1973, Section 439(1A) -- Bail - Notice to informant in an application for grant of bail to an accused involved in offences mentioned in S.439(1-A) Cr.P.C is obligatory - But law does not provide for issuance of notice to victim of an offence under POCSO Act at the time of consideration of bail application of accused, which High Court thinks is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 188, 34 -- Bail - Offence u/ss 323, 324, 326, 188, 34 IPC - Co-accused already granted bail - Disputed question as to who caused grievous injury with sharp edged weapon on left arm of injured, arises in the case - Keeping in view of facts and circumstances of case, nature of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25 -- Recovery of intoxicating tablets - Recovery from petitioner falls in the category of commercial quantity - Identity of accused is not disputed - Three PWs have already examined - It is thus, not appropriate to grant concession of bail to accused - Bail..........
Criminal Procedure Code, 1973, Section 439, Constitution of India, 1950, Article 226 -- Bail - Factors to be considered by High Court while considering application for grant of bail, analysed...........
Criminal Procedure Code, 1973, Section 482, 439, Constitution of India, 1950, Article 21, 226 -- Quashing of FIR and grant of interim bail - High Court should not foreclose itself from exercise of power when citizen has been arbitrarily deprived of their personal liberty in excess of State power...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Bail - Recovery of 255 gms heroin - Commercial quantity - Accused already approached High Court on two earlier occasion and one petition was withdrawn by him and other was dismissed - There has not been any change in circumstances even since dismissal of such..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 376, 511, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Interim bail - Medical ground - Rape case - Accused was given treatment in super specialty hospital - No shortcomings were found in medical treatment offered to accused, which could have been basis for..........
