Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 149, 120B -- Bail - Murder - Petitioner is in custody for over 1 year 5 months - Case against him prima facie rests on circumstantial evidence - Petitioner is not clearly visible in CCTV footage and his name does not appear in dying declaration of deceased - No specific overt act..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Mere fact that accused is shown to be involved in two more cases of similar nature, that alone cannot be a ground to deny benefit of bail - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Exchange of calls between petitioner and co-accused - Mere call details without transcript of conversation exchanged between accused persons, would not be considered to be corroborative material in absence of substantive..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Petitioner is nominated in the case on the basis of series of disclosure statements suffered by co-accused - No subsequent recovery is effected from petitioner - Petitioner is in custody since 28.8.2024 - Investigation of case..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused was 35 years at the time of incident - About 27 years have lapsed since the incident - Accused has only remained confined for four months and 11 days in jail and since then he is on bail - Sentence reduced from 10 years R.I. to minimum punishment of 7 years - However, fine imposed is enhanced..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Separate orders are required to be passed by Court firstly at the time of cancellation of bail bonds and secondly when penalty is imposed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Anticipatory bail - Offence u/ss 353, 186, 379 IPC and S.21 of Mines and Minerals Act - Petitioner is alleged to have done illegal mining by using a tipper vehicle which was driven by him - Said vehicle already..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted to petitioner - Petitioner co-operating and participating with investigation - Interim protection granted by Supreme Court vide its earlier order made absolute with direction that petitioner shall not be arrested provided he continues to co- operate and participate with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 120B -- Bail - Offence u/ss 409, 120-B IPC - Charges are yet to be framed - Prosecution proposes to examine 18 witnesses to support its case - Appellant is in custody since 16.9.2023 - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 342, 325, 394, 34 -- Bail - Attempt to murder - Three key witnesses of prosecution have been declared hostile - Appellant is behind bars for more than 2 years and only 5 out of 17 PWs have been examined till date - Bail granted with conditions...........
