Criminal Procedure Code, 1973, Section 439 -- Bail - Jurisdiction of High Court u/s 439 Cr.P.C is limited to grant or not to grant bail pending trial - However, Single Judge has collated data from State and made it part of order after decision of bail application as if Court had inherent jurisdiction to pass any order under guise of improving criminal justice system in..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - If Court granting bail ignores relevant material indicating prima facie involvement of accused or takes into account irrelevant material, which has no relevance to question of grant of bail to accused, High Court or Sessions Court would be justified in cancelling bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Cancellation of bail - Murder - Entire material was perused before grant of bail - It is not the case of either complainant or State that irrelevant considerations have been taken into account by Sessions Court while granting bail to accused - Order granting bail by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 379, 420, 411, 472, 473, 148, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 307, 392, 379, 420, 411, 472, 473, 148, 149 IPC and S.25 Arms Act - Case of no injury - Police officials who constituted raiding party have not suffered any injury whatsoever despite alleged..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 90.5 gms heroin - Quantity recovered is less than commercial quantity as per notification applicable but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in custody since Mar 2019, he is a Nigerian..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering grant of bail, Court has to maintain balance between right and liberties of applicant and on the other hand it may not hamper investigation or likely to temper witnesses etc...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Irrespective of nature and gravity of charge, precedent of another case alone will not be basis for either grant or refusal of bail though it may have a bearing on principle...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Long custody - By itself may not be sufficient to grant bail, especially in heinous offences like murder etc. when trial has made some headway or is nearing completion...........
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 - 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...........
