Criminal Procedure Code, 1973, Section 439(2) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(3) - Cancellation of bail - Bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow accused to retain his freedom by enjoying concession of bail..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Involvement of accused in other criminal cases cannot be sole ground to deny him concession of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 29, 61, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Custody period undergone by accused is 1 year and 23 days - Quantity of alleged contraband is marginally over and above commercial quantity - Co-accused has already been granted concession of bail - Petitioner is not a..........
Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - Petitioner is about 62 years of age - He has undergone actual sentence of 1 year 6 months and 8 days out of total sentence of 2 years - Sentence modified to the extent of granting concession of probation to petitioner for good conduct...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Involvement of petitioner in other cases would not be a ground to refuse grant of concession of bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25, 27, 29 -- Bail - Contraband - Petitioner has already suffered sufficient incarceration of 1 year 4 months and 23 days - Similarly situated co-accused has already been granted..........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Counsel who appeared for appellants were either not authorized to represent appellants or were not authorized to make a concession - Statement given by counsel recorded in the order recalled - Appeals restored - Appellants liable to pay costs quantified at..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 420 -- Cancellation of anticipatory bail - Offence u/s 420 IPC - Accused has not misused the concession of bail or violation of conditions - Merely because recovery of defrauded amount has not been made is insufficient, particularly when investigating agency had not sought custodial..........
Probation of Offenders Act, 1958, Section 4, 12 -- Benefit of probation granted - Petitioner has already undergone the period of probation - Petitioner not found involved in any other case or misusing the concession of probation - Judgment vide which petitioner was released on probation would not effect the service career of petitioner in view of S.12 of the Act...........
Criminal Procedure Code, 1973, Section 82, 482 -- Proclaimed offender - Petitioner went abroad for earning livelihood and for better future prospects after availing the concession of bail - He is now ready and willing to return to India and to surrender before trial Court/Illaqa Magistrate - Petitioner directed to surrender before trial Court/Illaqa Magistrate upto..........
