Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Medical ground - Medical report on record does not indicate an immediate life-threatening condition or incapacity to be treated within jail premises - Bail declined...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Appellant being a married man aged about 37 years, induced minor girl and took her into mango grove and committed sexual assault and thereafter he took her to Dhaba and forced her to work as a labourer in said dhaba, which is unpardonable - He has received..........
Bharatiya Nyaya Sanhita, 2023, Section 126(2), 115(2), 118(1), 351(2), Arms Act, 1959, Section 25(1B)(a), 26, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss.126(2), 115(2), 118(1), 351(2) BNS and 25(1B)(a), 26 Arms Act - Anticipatory bail - Non issuance of notice u/s 35 BNS - Session Court instead of allowing or rejecting bail petition, gave liberty..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Anticipatory bail petition is maintainable despite provision of S.35 BNS - Petition is maintainable, even if police gives notice to accused expressing his opinion that arrest is not necessary for completing investigation...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Court seized with anticipatory bail petitions cannot ask petitioners to go to police for relief provided u/ss 41, 41-A Cr.P.C./ S.35 BNSS...........
Criminal trial -- Provisions relating to pre-arrest and post arrest bail - S.35 BNSS refusal to remand by Judicial Magistrate, discharge of accused by trial court and even acquittal for want of proof beyond reasonable doubts, are means to achieve broad goal to prevent curtailment of liberty without legal necessity - However, these provisions are not substitutes for one..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - It is not necessary for an accused to approach Sessions Court in the first instance, as a rule, before approaching High Court...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Seeking anticipatory bail from High Court, in the first instance - Since High Court did not apply its mind to determine as to whether the case in hand warranted exercise of jurisdiction by it in the first instance without relegating accused to Sessions Court as such impugned order set aside and..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
