Criminal Procedure Code, 1973, Section 439 -- Bail - Denied due to absence of State counsel - Lady accused - Petitioner was CEO of company and surrendered before Add. CJM - Trial Court instead of deciding bail application on same day, posted matter on next day on the ground that Special Public prosecutor appointed by CBI not available - In bail matters, special provisions..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Anticipatory bail - Offence u/ss 22, 61, 85 NDPS Act - Petitioner filed application u/s 439 Cr.P.C. for grant of regular bail and concession of interim regular bail was extended on specific ground that FSL report was awaited - Upon filing of FSL report by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 109, 111, 460, 394, 397, 201, 411, 120B -- Interim bail - For attending the marriage of his daughter - Offence u/ss 302, 109, 111, 201, 120-B, 394, 397, 411, 460 IPC - Case before trial Court is fixed for recording of statements of prosecution witnesses - Therefore, petitioner directed to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 302, 325 -- Interim bail - For attending marriage of his sister - Offence u/ss 120-B, 148, 149, 302, 325 IPC - Father of petitioner has already expired and presence of petitioner is necessary at the time of marriage of his sister - Moreover, not only presence of petitioner on date..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 100 kg Ganja - There are reasonable grounds to believe that petitioner is not guilty of said offence - Entire case so far petitioner is concerned is circumstantial i.e. based solely on disclosure statement of co-accused which is per..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 120B -- Cancellation of bail - Cheating - Additional Sessions Judge cancelled interim bail granted to accused who was declared P.O. - High Court cancelled the said order without giving any notice to complainant and without giving any reason to interface with order of Additional..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354 -- Rape - Anticipatory bail - Allegation by prosecutrix-teacher that petitioner-school owner ravished her on various occasions - Innumerable criminal and civil litigation pending between management of school and its staff members - FIR registered on the very day when services of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29 -- Recovery of 12.5 kg Tramadol powder - Petitioners implicated only on the basis of disclosure statement made by co-accused, which is hit by S.25 of Evidence Act - Moreover, said disclosure statement made by co-accused did not lead any discovery of fact - Even while allowing remand of petitioners no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, Essential Commodities Act, 1955, Section 3, 7 -- Anticipatory bail - Offence u/ss 420, 409 IPC and Ss.3, 7 of Essential Commodities Act - Accused was running a rice mill and failed to return required quantity of rice after custom milling - State permitted to attach all the immovable..........
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 212(7) -- Bail - Offence u/ss 212(6)(ii), 212(7) of Companies Act - High Court vide its impugned order released the respondent - However, reasons assigned by High Court in its interim order are not confined to issue of validity of alleged Sections under Companies Act or concerning grant of..........
