Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 506, 382, 148, 149, 326, 379B -- Bail - Offence u/ss 307, 323, 324, 506, 382, 148, 149, 326, 379-B IPC - As per the case of complainant, only injury attributed to petitioner is on no, vital part - None of the injury caused to complainant has been declared to be dangerous to life -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 61, 85 -- Bail - Recovery of 1.5 kg of heroin - Indictment of petitioner is on the basis of disclosure statement suffered by co-accused from whom recovery of contraband was effected - Even, petitioner was not travelling in the bus from where contraband was..........
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...........
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 offence - Once such a..........
Criminal Procedure Code, 1973, Section 439 -- To seek benefit of regular bail person applying for bail should be in custody...........
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..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/s 25 Arms Act - Allegation of recovery of 2 live cartridge and .32 bore pistol - As petitioner is in custody since 2018 and trial of the case still to take some more time therefore, no useful purpose would be served by detaining petitioner behind bars - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - - Bail - Recovery of 600 capsules of parvorinspas and 2000 tablets of digifresh 0.6 and 1000 triesr tablets - As petitioner was a pillion rider on motorcycle so it is seriously debatable as to whether petitioner was having conscious possession of contraband which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is the mother-in-law and is in custody since 2018 - Trial in the case will take sufficient long time as no prosecution witness has been examined so far, hence, bail granted...........
