Criminal Procedure Code, 1973, Section 439 -- Bail - Jurisdiction of High Court u/s 439 Cr.P.C is limited to grant or not to grant bail pending trial - However, Single Judge has collated data from State and made it part of order after decision of bail application as if Court had inherent jurisdiction to pass any order under guise of improving criminal justice system in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 294, Information Technology Act, 2000, Section 66(E), 67, 67(A) -- Anticipatory bail - Offence u/ss 120-B, 294 IPC and Ss.66(E), 67, 67(A) IT Act - Perusal of FIR shows that it would be a matter of trial whether offence u/s 67(A) of IT Act is made out or not, as all other offences are..........
Criminal Procedure Code, 1973, Section 446 -- Dishonour of cheque - Non-appearance of accused - Initiation of proceedings u/s 446 Cr.P.C - No explanation furnished by accused for his absence before appellate Court - Appellate Court cancelled bail of accused and ordered for initiating proceedings against accused u/s 446 Cr.P.C - Since accused is ready and willing to..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Second anticipatory bail application - Illegal gratification - First bail application dismissed as withdrawn with liberty to file fresh anticipatory bail application before trial Court in view of subsequent event that competent authority refused to grant sanction..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Bail - Offence u/ss 15, 25 NDPS - Recovery of 54 kgs poppy husk - As per petitioner, alleged recovery is slightly more than the quantity prescribed for commercial category and said recovery has been made from both the accused persons that too from a car -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Allegation by husband that wife is not capable of sexual intercourse - However, accused personally present in Court and admitted that during stay of 24 days, they had sexual relations - Accused thus, bluffed and misled Court by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Offence u/ss 363, 366-A, 34 IPC and S.6 POCSO Act - Prosecutrix was above 18 years of age when she was kidnapped by petitioner - Culpability of petitioner is yet to be established during trial - Moreover,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Non appearance due to ill health - Cancellation of bail - Accused if prevented by sufficient reasons to put appearance in Court, same cannot be construed as a deliberate and willful absence - Explanation offered appears to be justified and accepted - Order as to cancellation of bail set aside and accused to remain on..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 14 injections of Buprenorphine and 10 injections of Pheniramine Maleate - Challan presented and charges framed - Petitioner is in custody since 6.8.2019 and has undergone incarceration of about 5 months and 7 days - Trial of case may take some time in..........
Indian Penal Code, 1860, Section 304, 341, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 304, 341, 34 IPC - Prima facie consideration of FIR would show that all accused started giving beatings to deceased and gave push to her - No specific injury has been attributed to any one - It would be debatable as to complicity of accused in terms of..........
