Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61 -- Bail - Offence u/ss 22, 61 NDPS Act - Recovery of 6950 tablets of clovidol 100 SR - Due to COVID-19 situation, trial is not progressing and even the charges have not been framed - Petitioner is in custody for last 01 years, 02 months and 22 days - Interim..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 409, 420, 120B -- Interim bail - On basis of medical condition - Offence u/ss 409, 420, 120-B IPC - Petitioner has lost 25 kgs of weight after his judicial custody - Court therefore, directed Director of AIIMS to constitute a medical Board and file a report specifying therein whether..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Interim bail - Offence u/s 376 IPC and S.4 of POCSO Act - Bail granted without notice to complainant of FIR - Courts are bound to follow Practice Directions dated 24.09.2019 and directions of high Court as laid down in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 109, 111, 460, 394, 397, 201, 411, 120B -- Interim bail - For attending the marriage of his daughter - Offence u/ss 302, 109, 111, 201, 120-B, 394, 397, 411, 460 IPC - Case before trial Court is fixed for recording of statements of prosecution witnesses - Therefore, petitioner directed to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 302, 325 -- Interim bail - For attending marriage of his sister - Offence u/ss 120-B, 148, 149, 302, 325 IPC - Father of petitioner has already expired and presence of petitioner is necessary at the time of marriage of his sister - Moreover, not only presence of petitioner on date..........
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 212(7) -- Bail - Offence u/ss 212(6)(ii), 212(7) of Companies Act - High Court vide its impugned order released the respondent - However, reasons assigned by High Court in its interim order are not confined to issue of validity of alleged Sections under Companies Act or concerning grant of..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 439 -- Disproportionate assets - Grant of bail - Petitioner alleged to have amassed huge assets by corrupt and illegal means disproportionate to his known sources of income - Charge-sheet filed against him for offences u/s.13(2) r/w S.13(1)(e) of the PC Act, 1988 - Income..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Notice of motion issued and in the meantime interim bail granted - Accused joined investigation - Interim bail made absolute...........
Criminal Procedure Code, 1973, Section 437, 439 -- Interim bail pending hearing of a regular bail application - Can be granted except in the following circumstances - (i) In a case of grave offence like murder, dacoity, robbery, rape etc. ; (ii) The case involves an offence under the U.P.Gangsters Act and in similar statutory provisions; (iii) The accused is likely to..........
Criminal Procedure Code, 1973, Section 439, 41, 2(c) -- Bail application u/s 439 Cr.P.C. - It is discretion of Court to decide bail application on the same day or not - It is also discretion of Court to grant interim bail the same day subject to the final decision on the bail application later...........
