Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioners are implicated solely on the basis of disclosure statement made by co-accused - No recovery is effected from petitioners - Petitioners have been in custody since 06.11.2020 and 23.04.2021 - Challan has already been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354A, 451, 506, 511 -- Bail - Rape - Offences in question not punishable with death sentence or imprisonment for life - There is thus, no legal and statutory bar to grant bail - Even otherwise, offences in question are serious in nature and against society cannot be the sole reason for..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Accused has undergone custody of more than 6 years and 9 months - However, accused with co-accused while on bail gave effect to present occurrence in which deceased lost his life - As regarding plea that applicant has not accused of causing..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused has undergone 12 years of actual incarceration and still bail denied to him - It is appropriate to call a report from Registrar of Lucknow Bench of position of non-availability of a Bench as also how many applications are pending consideration of bail where appeal is pending consideration and person incarceration..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Breach of bond conditions - Involvement in a criminal case registered subsequently - Order sending to custody due to violation of bond passed after affording due opportunity to appellant - High Court rightly affirmed said order - No interference warranted in said order...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Challan stands presented - It is a case of no injury - Out of 16 PWs none has been examined so far - Accused has been in custody since 2021 - Trial is unlikely to conclude any time soon - No useful purpose would be served by keeping..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - In a case when there are arguable points on merits and custody is also adequate, the Hon'ble Supreme as well as various High Courts have granted bail even in cases involving commercial quantity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - Bail - Several arguable points in the case which would be finally considered at the time of trial - Keeping in view facts and circumstances of the case as well as custody period of petitioner, bail granted to petitioner with..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Detention of person in police custody not authorized by law - Cannot be treated as an act committed in discharge of official duty - Sanction u/s 197 Cr.P.C not warranted...........
