Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner cannot seek bail on the ground of delay of trial of the case...........
Constitution of India, 1950, Article 226, Rajasthan Judicial Service Rules, 2010, Rule 45, 46 -- Writ petition - Challenging discharge from Judicial service on ground of passing wrong order - Petitioner/Judicial Officer allegedly granted bail to accused in bribe case for extraneous considerations - Said allegations not supported with oral or documentary material - There is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Ground urged by accused that medical opinion has not categorically opined about happening of alleged intercourse with victim, may not be attracted at this stage while considering bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 62 gms Methamphetamine - Bail - Co-accused who were found in possession of contraband is granted bail - On ground of parity accused is required to be released on bail, as from his possession nothing is found at any point of time - Moreover, there is..........
Criminal Procedure Code, 1973, Section 439, 167(2) -- Default bail - Strict rules of pleadings not applicable in bail petition - Even if a ground for grant of bail is not taken in the bail petition and not argued by the counsel for the accused, Court is not deprived of releasing the accused on bail on such ground if it is legally sustainable...........
Criminal Procedure Code, 1973, Section 438 -- Item No.22 in the list of Constitution Scheduled Caste and Scheduled Tribe Order amendment Act 1976 - Grant of bail - Applicability - State issued notification by which Petitioners were constrained to seek anticipatory bail on the ground that they come under provisions of 1989 Act - Lohar is not same as Lohara - Including..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Petitioner was about 17 years of age at the time of incident - He was driving the offending vehicle at the relevant point of time - It is a matter of evidence whether matter falls within definition of S.304-A IPC or S.304(Part I)PC - No evidence on record that if petitioner is..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Indefeasible right of an accused to seek statutory bail u/s 167(2) Cr.P.C. arises only if charge sheet is not filed before expiry of statutory period - Accused cannot demand release on default bail on the ground that cognizance has not been taken before the expiry of 60 days...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 496, 498A -- Anticipatory bail - Misappropriate of stridhan - Mere non-recovery of certain disputed dowry articles cannot be a ground to decline concession of anticipatory bail to accused, more so when accused is not required for further investigation...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 420, 465, 466, 467, 468, 471, 477A, 120B -- Anticipatory bail - Recovery of marriage registration certificate - Such certificate can be obtained from the Registrar - Recovery or non recovery of the original marriage certificate not a ground to deny concession of bail - Ad interim pre arrest..........
