Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376D, 342, 506, 34 -- Bail - Offence u/ss 363, 376D, 342, 506, 34 IPC - Alleged occurrence took place may 2020 and for first time his name was mentioned by prosecutrix in her 3rd statement recorded in June 2020 - Even, prosecutrix so far has not turned up for disposing before the Court -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 395, 397, 307, 34, 120B, Arms Act, 1959, Section 25, 25(1)(a) -- Bail - Offence u/ss 342, 395, 397, 307, 34, 120-B IPC and Ss.25, 25(1)(a) Arms Act - Even though antecedents of accused may be one amongst relevant considerations while adjudicating a petition on merits for grant of bail,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 Kg 200 gms Charas - Bail - Contentions of accused may have substance but same can only be adjudicated at the trial - Plea of conscious possession has also to be adjudicated at the trial - Accused is in custody since 11.7.20 - He is not involved in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 506, 34 -- Bail - Attempt to murder - Accused were arrested on 26.03.2022 in connection with crime and since then they have been in judicial custody - Injured was also discharged from hospital - Nine material witnesses also examined in the case - There is considerable progress in the..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Date on which accused was remanded to judicial custody has to be excluded from calculation of statutory period as prescribed u/s 167(2) Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is in custody for last 3 years, 2 months and 11 days - He is not involved in any other case - Trial in any case will take sufficient time to conclude - Bail granted...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forgery - Forged document had been prepared prior to filing of suit - Alleged forgery was not done when document was in custody of Court - Bar of S.195(1)(b)(ii) Cr.P.C would not be applicable...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 15, 16, 17, 18, 18A, 19, 20, 23, 38 -- Bail - Offence u/ss 10, 13, 15, 16, 17, 18, 18-A, 19 20, 23, 38 of 1967 Act - Accused has been in custody as an undertrial prisoner for a period of nearly 8 years - One of co-accused has been released on bail - However, role..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Quashing of order - Order sending victim to Nari Niketan - Kidnapping and rape - It is not clear that victim was sent to Nari Niketan on her wishes and it is also not clear that any application was moved by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 300 gms heroin - Bail - Petitioner is in custody since 23.10.2020 - Challan has been filed and out of 20 PWs none has been examined till date - Co-accused against whom identical allegations are there, has already been granted bail -..........
