Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cannot be ordered merely for any perceived indiscipline on the part of accused before granting bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 151.45 kg Ganja - Bail - Contraband recovered was more than commercial quantity - Accused was apprehended at the spot and was having conscious and constructive possession over recovered Ganja - There is no prior ill will or enmity of accused with..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(b), 29 -- Default bail - Extension of time - Application for extension of time not in terms of mandate of proviso to S.36-A(4) of the Act as such same cannot be allowed - Default bail granted...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 45, 70, 4 -- Bail - Money laundering - Medical report of petitioner shows that he is an obese person weighting 153 kgs having erratic hypertension and diabetes issues - Obesity of petitioner who weighs 153 kgs is not just a symptom but is itself a disease which becomes root cause..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Unilateral cancellation of bail order without hearing accused cannot withstand legally...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - When cancellation of bail is sought either on the ground of post conduct of accused like violation of conditions of bail or on the ground of occurrence of supervening circumstances, Court must issue notice to accused to explain why bail granted to him should not be cancelled...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 413, 471 -- Anticipatory bail - Cheating - Allegation against petitioner is that she committed forgery of a document which is to be used in transferring an immovable property, though her case is of a complete denial - In order to ascertain whether offences have been really committed by..........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory/regular bail - Directions issued to Registry for strict compliance viz.: (i) petition for anticipatory bail or regular bail should be appended with legible copies of complaint and FIR registered against accused - If accused fails to enclose copies of complaint and FIR, Registry should return the petition and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Investigation of case is in progress - Merely because wife of accused is pregnant and her due date of delivery is expected soon as per..........
