Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Criminal antecedents of accused - Directions issued that every High Court in country should consider incorporating a provision in respective High Court Rules and Criminal Side Rules as it would impose an obligation on accused to make disclosures regarding his/her involvement in any other..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) -- Anticipatory bail - Offence u/ss 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) BNS - Brutal attack on an Advocate for drafting a complaint - Petitioners are political leaders -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Where recovery from accused is marginally over and above commercial quantity for respective contraband in each case, Courts have taken a lenient view while granting bail to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Considering custody period undergone by petitioner i.e. 2 years, 10 months and 12 days added with facts that recovered contraband is marginally over and above commercial quantity and investigation is complete and after framing of charge out of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has no previous criminal antecedents and is facing prosecution for the first time - He has been in custody since 23.03.2023, yet till date only 3 out of 16 witnesses cited by prosecution have been examined - State counsel..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29(1) -- Bail - Whether there was a proper compliance or substantial compliance of the requirements, is a matter to be considered at the time of trial - Bail is not granted on that ground - Application dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Custodial interrogation - Mere silence or failure to make self-incriminating disclosures cannot be equated with non-cooperation warranting custodial interrogation - Right against self-incrimination is a constitutionally protected facet of personal liberty and any demand for custodial interrogation..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Petitioner has duly joined investigation - Court does not find any compelling ground to justify custodial interrogation of petitioner more so when concededly he has no previous criminal antecedents - Interim anticipatory bail made absolute - Application allowed...........
