Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 506 -- Bail - Cheating - Dismissal of bail applications of co-accused against whom there were allegations of active involvement - Cannot be treated to be fatal for considering the bail application of petitioner against whom there is no direct and categoric allegations..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Testimony of prosecutrix is complete and 7 out of 14 witnesses have been examined - Accused is a young boy of 21 years and is in custody for the last more than 1-1/2 years - Trial is likely to take long time - Bail granted to accused with conditions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 8(C), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 0.9 gms MDMA - Intermediate quantity - Accused is involved in 14 crimes prior to present occurrence - Out of which 3 are u/s 27(b) of NDPS Act, but many of antecedents are pertaining to minor offences - However, taking into account..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Once bail is granted to accused, mere registration of a subsequent crime against accused by itself cannot result in an automatic cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Non refuting satisfactorily from record the arguments raised by counsel for accused for grant of bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail application - Dismissal in default - Not permissible - In the event of non-appearance of prisoner's counsel, Court may appoint an amicus curiae to represent the prisoner and proceed with hearing of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 304, 411, 34 -- Bail - Offence u/ss 379-B, 304, 411, 34 IPC - Accused is in custody since 02.03.2022 - There is no likelihood of trial concluding in near future as 18 more PWs remain to be examined - Accused is not involved in any other criminal case - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, 41A -- Bail - Non-compliance of the provision of S.41-A Cr.P.C, would entitle accused to be released on bail - Bail granted...........
