Criminal Procedure Code, 1973, Section 439 -- Interim bail - Murder - Plea of juvenility - Age of petitioner recorded by trial Court as 16 years and odd - Petitioner in actual custody of excess of three years, which is the maximum for a juvenile - Petitioner released on interim bail on such terms and conditions as may be imposed by Sessions Court - Sessions Court directed..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Evidence of hostile witness is not to be considered at the stage of hearing on bail application either for or against prosecution case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 436, 323, 324, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(V) -- Bail - Murder - Accused along with co-accused set on fire hutment of complainant resulting into death of 7 years daughter of complainant - He being in knowledge that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 302, 323, 341, 458 -- Bail - Rape and murder - Allegation that accused sexually assaulted deceased and thereafter murdered her - However, PWs not supported prosecution story and turned hostile - Held, having regard to totality of facts and circumstances of the case, without expressing..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Imposition of onerous conditions for grant of bail tantamount to denial of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Imposition of onerous conditions to deposit cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs, for grant of bail tantamount to denial of bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Non-compliance of S.50 of NDPS Act - Bail - Notice u/s 50 of NDPS Act mentions that accused having been apprised of his rights, but said notice is absolutely silent as to what rights were apprised to accused as also whether he was apprised of his..........
Criminal Procedure Code, 1973, Section 439(2) -- Fifth bail application - Bail granted - Cancellation of bail - Bail granted by holding that no overt act is assigned to accused whereas there is specific allegation that accused actively aided the commission of crime by furnishing information about movements of deceased - High Court failed to consider seriousness and gravity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/s 20(b) of Act of 1985 - Challan filed without FSL report - Not a complete challan - Accused is entitled to default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Commercial quantity - Bail - Long period of incarceration is not at all a ground to enlarge accused on bail in case where huge quantity of narcotic items are involved...........
