Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Second bail application - Murder - Dead body of deceased found at his house which apparently bore injuries - Accused is behind the bars for more than 2-1/2 years and trial yet to be accomplished - Moreover, in view of the fact that case is more on suspicion than any ocular evidence in which..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Petitioner directed to appear before I.O by granting interim bail - He having joined the investigation - Order granting interim bail to petitioner made absolute...........
Indian Penal Code, 1860, Section 304(Part II), 338, Motor Vehicles Act, 1988, Section 185 -- Reduction in sentence - Offence u/ss 304(Part II), 338 IPC and S.185 Motor Vehicles Act - Incident is of year 2016 and appellant never misused concession of bail/suspension of sentence - He is not involved in any other case - Appellant is 46 years of age and has two children and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Petitioner is 73 years old person who is in custody since 27.11.2021 - Trial of case is likely to take time - Whether on allegations mentioned in FIR, S.306 IPC is attracted or not, is a matter of trial - Moreso, in view of pandemic situation and petitioner is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Deceased committed suicide due to extra marital relationship of wife - However, deceased seems to be too sensitive and possessive about his wife, he has many other avenues and alternatives to get rid off her instead of taking his own life by hanging - Charged..........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45 -- Anticipatory bail - Money laundering - Once prayer for anticipatory bail is made in connection with offence under PMLA Act, underlying principles and rigors of S.45 of PMLA Act must get triggered, although application is u/s 438 Cr.P.C - Since High Court not touched upon..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Criminal history - Criminal history must be of cases where accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused and not when accused acquitted or discharged or when Courts quashed the FIR, prosecution stands..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 323, 148, 149 -- Anticipatory bail - Petitioner also involved in case of intermediate quantity under NDPS Act and is on bail - Previous criminal history of petitioner would not come in the way for getting bail - Without commenting on merits of case, petitioner makes a case for bail - Bail..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Anticipatory bail - Recovery of 10 grms heroin - No recovery has been effected from petitioner - Petitioner has only been involved on the basis of disclosure statement made by co-accused without there being any other connecting evidence - Moreover, recovery..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Grant of bail subject to condition to deposit 50% of fine amount - Failure to comply with the order - Appeal cannot be dismissed on this ground - Appellate Court can cancel bail - Impugned order, dismissing appeal, set aside...........
