Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Application for premature release has to be considered on the basis of policy as it stood on the date when accused was convicted of offence...........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Order rejecting application for pre-mature release is bereft of an application of mind to relevant circumstances bearing on whether petitioner should be released prematurely - Order does not contain any reference whatsoever to whether petitioner possess any prior criminal history - Even, order is..........
Criminal Procedure Code, 1973, Section 446, 451, Punjab Excise Act, 1914, Section 61, 78 -- Superdari - Release of seized vehicle - Petitioner for releasing vehicle, in question, on superdari, has been found to be meritorious and was allowed - While allowing said application, it was observed in order that no useful purpose would be served by keeping said vehicle as it..........
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 389, Indian Penal Code, 1860, Section 302, 394, 323, 34 -- Suspension of sentence during pendency of appeal - Murder - Accused has already suffered incarceration of more than 20 years - Even, jail authorities after considering conduct of accused have recommended premature release/remission of sentence - Issue is now pending before..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application - Bonafide need - There are number of members of landlord who are still unsettled and without occupation - Hardship is much greater for landlord than tenant - Moreover, tenant has not made any efforts to search alternative shop..........
Criminal Procedure Code, 1973, Section 433, 435 -- Pre-mature release - Policy prevalent at the time of conviction shall be taken into consideration for considering premature release of a prisoner...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because the prosecution case rests on circumstantial evidence, cannot be a ground to release accused on bail, if during course of investigation the evidence/material has been collected and prima facie the complete chain of events is established...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1025 kgs Ganja - Bail - Commercial quantity - Prima facie involvement of accused in the case cannot be ruled out - No reason is found to falsely implicate the accused - There is no good ground to release accused on bail at this stage - Bail..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped document - Release deed sought to be produced in evidence is unregistered and unstamped - Said document is not a record of a past oral transaction or a previous decision of Panchayat - Release deed rightly rejected for want of stamping and registration...........
