Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29 -- Offence u/ss 8, 21, 27-A & 29 NDPS Act - Charge sheet not filed within statutory period of 180 days - Bail granted subject to conditions ...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Charge sheet filed u/s 306 IPC - Offence u/ss 304-B and 498-A IPC not borne out - Father-in-law of deceased a handicapped person - Mother-in-law an aged lady - Bail allowed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Person granted anticipatory bail has to move the Court for regular bail within a period for which anticipatory bail is granted and if no such period is fixed, when the charge-sheet is filed - When accused appears before the court to seek bail, he surrenders himself before the court - It is for the court to..........
Criminal Procedure Code, 1973, Section 439, 438 -- Bail - Accused granted anticipatory bail till filing of charge sheet - Accused applied for regular bail before filing of charge sheet - Held, when an accused, remaining under the protective umbrella of anticipatory bail appears before the competent court and moves for regular bail, it would be deemed that he is in custody..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366 -- Bail - Offence u/ss 363 & 366 IPC - Delay of four days in lodging FIR - Accused in jail for the last 15 months - False implication on account of village politics - Charge sheet filed against one accused although two accused were named in FIR - Bail granted subject to conditions...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304B -- Bail u/s 167(2) - Offence of dowry death - Charge sheet not filed on completion of 60 days - Bail sought - Held, gravity of offence for filing charge sheet is gauged from the maximum punishment prescribed for an offence - Under S.304-B IPC, life imprisonment can be awarded - Thus period..........
Criminal Procedure Code, 1973, Section 437, 438 -- Anticipatory bail - Incident of murder took place 25 years ago - During this period investigating agency did not deem it proper to arrest accused - No allegation that accused threatened or influenced any witness - Held, accused entitled to anticipatory bail - It is immaterial if the charge sheet has been submitted in the..........
Criminal Procedure Code, 1973, Section 437(1)(i), 438 -- Murder case - Charge sheet put up in the court - Maintainability of anticipatory bail application in the High Court - Held, application is maintainable - In murder case Magistrate in whose court charge sheet is submitted is not empowered to grant bail - If accused appears before the Magistrate, they are bound to be..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail u/s 167(2) Cr.P.C. - Ground that charge sheet is filed beyond the maximum period of 90 days - Charge sheet submitted on 90th day from the first date of remand - First period of detention to be computed from the date of order of remand - One of the days on either side to be excluded in computing the prescribed period of..........
Criminal Procedure Code, 1973, Section 190, 173, 482 -- Non filing of charge sheet - Bail application filed - Police in hurry submitted charge sheet but kept investigation pending - Basis of charge sheet was audit report - Audit report based on probabilities and suppositions - Magistrate took cognizance on basis of such incomplete report - Order taking cognizance quashed...........
