Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 25 injections of bonogesic (buprenorphine) each containing 2 ml - Petitioner is in custody for over 1 year and 9 months and not involved in any other case - Conclusion of trial is likely to take some time - Bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 406, 506, 498A -- Anticipatory bail - Offence u/ss 323, 406, 506, 498-A IPC - Admittedly, petitioner has joined the investigation, though recovery of some gold articles is yet to be effected from him, which is probability a debatable issue and the same may not be an impediment for grant of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Normal rule is of bail and not jail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Object of bail is to secure the presence of accused in the trial - To grant bail, proper test to be applied is whether party will appear to take its trial...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment, which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity alone not a decisive ground to deny bail - Competing factors are required to be balanced by Court while exercising its discretion...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Object of bail is neither punitive nor preventative...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Investigation complete and challan filed - Nothing remains to be recovered - No fruitful purpose would be served by keeping accused behind bars for an indefinite period especially when he has already suffered approximately for four months - Guilt, if any, of the accused is yet to be determined in the totality of evidence..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While discharging accused Court has to keep in mind aspect that, even if entire material is accepted, as it is, without there being any rebuttal on part of accused, if there is no material to frame charge, then under such circumstances, accused is entitled for discharge...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B -- Discharge - Framing of charge u/s 304-B IPC - Prima facie material on record against accused to frame charge - It is thus, not a fit case to discharge accused - Discharge application dismissed...........
