Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 149 -- Bail during pendency of appeal - Double murder - Post mortem that multiple grievous were inflicted on both the accused - Appellants used their respective deadly weapons wielded in a deadly manner - Plea of appellants that co-accused is already granted bail rejected as case of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 511, 354 -- Rape by father - Bail - Alleged sexual crime committed by father against his own daughter is apparently a scandalous blasphemy, not to speak of culpability of offence or degree and enormity of crime which accused has been charged for - Victim girl even complained that her mother..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Bail - Recovery of 3.750 Kgs. opium - Inspector evidently made wrong entries of time while recording statement of accused u/s 67 of NDPS Act and preparing his arrest memo in order to project that statement was recorded while he was not in custody or under..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439 -- Gang rape of 15 years old girl - Bail - Appellant was not named in the FIR and even prosecutrix has not disclosed the name of appellant in her statement recorded u/s 161 & 164 Cr.P.C. - He was not put up for identification and DNA test of appellant not done - Appellant was not with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Bail - S.37 of Act departs from long established principle of presumption of innocence in favour of an accused person until proved otherwise...........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Once a person is enlarged on bail or anticipatory bail, police custody of the same cannot be granted...........
Criminal Procedure Code, 1973, Section 167, 173, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Accused pleaded that filing of supplementary charge-sheet and application for further investigation was an admission of fact that when charge-sheet was filed investigation was not complete, thus they are entitled to bail - Further investigation u/s 173(8)..........
Criminal Procedure Code, 1973, Section 167, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Extension of period of detention beyond 90 days - Accused pleaded that report of Public Prosecutor was separately attached and it means that report was prepared first and it is not based on contents of extension application - Plea rejected as it is possible to..........
Criminal Procedure Code, 1973, Section 439, 24(8), 301(2) -- Bail - A private person or victim of crime has a locus to appear and oppose the prayer for grant of bail to accused - However, it is within the discretion of Court to permit appearance of a victim or a private person in order to assist prosecution...........
Criminal Procedure Code, 1973, Section 389, 439 -- Grant of bail u/s.439 Cr.P.C. and u/s.389 Cr.P.C. - Distinction - Held, in case of S.439, only notice to public prosecutor, unless impractical, be given before granting bail to a person who is accused of an offence which is triable exclusively by Court of Sessions or where punishment for offence is imprisonment for life -..........
