Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 336, Indian Medical Council Act, 1956, Section 15(2), 15(3) -- Anticipatory bail - Cheating - Accused without having proper medical degree in allopathy medicine had been practicing the same endangering lives of people coming to him for treatment - Version put by accused that clinic used to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape case - Prosecutrix not supported prosecution case - Eight PWs yet to be examined - Petitioner is in custody since 03.01.2017 - Trial not likely to conclude in near future - No allegations on behalf of State..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 27 -- Attempt to murder - Compounding of offence - Compromise entered in between parties, who are closely related to each other - Accused has faced protracted trial for more than 15 years - No useful purpose will be served by sending accused behind bars, who is stated to be on bail - Conviction upheld - However,..........
Criminal Procedure Code, 1973, Section 438(2), Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Imposition of a condition to produce bank guarantee of Rs.20 lacs - Condition is onerous and thus deleted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 364A, 368, 302, 147, 148, 342, 324, 201, 120B -- Bail - Kidnapping and murder - Case of both the accused not distinguishable from co-accused, who is already enlarged on bail - Both the accused are not named in the FIR and no incriminating material is recovered from them - Inconsistencies were..........
Criminal Procedure Code, 1973, Section 395 -- Reference to High Court - Power of Metropolitan Magistrate (MM) to grant bail in case of offence punishable Life imprisonment - MM has power to release on bail a person accused of commission if a no, bailable offence subject, however, to conditions in S.437(1)(i)(ii) Cr.P.C. - Reference disposed of...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Recovery of 1 kg charas and 8 kg Ganja - Commercial quantity - Sudden arrest - Mandatory provisions of NDPS Act duly followed in the case - No lacunae found in the guilt of accused - Accused already completed half of his..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Seriousness or gravity of offence is not a consideration for rejecting bail in case of a child in conflict with law...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Murder case - There is lack of material on record to show that accused is a member of criminal gang or any report submitted by any special investigation report showing conduct of family not conducive to keep him in a proper way - Accused directed to be released on bail on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D -- Bail - Rape - Allegation that accused friend of prosecutrix called her and committed rape upon her with the help of co-accused in their car - Prosecutrix stated that both the accused were consuming liquor when she reached the place where she was asked to meet and they also made her drink..........
