Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Cheating - Appellant is in custody since 23.9.2024 - Charges have not yet been framed because investigation against an absconding accused is still continuing - Appellant voluntarily undertakes to make a payment of Rs.2,75,000 - Bail granted with conditions...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304, 34 -- Bail - Offence u/ss 304, 34 IPC - Petitioner and his wife are stated to have given slaps and a kick blow to deceased who fell down and subsequently after being hospitalized he came to be discharged and then passed away - Whether offence is one u/s 323 IPC or S.304(Part I)PC..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 338(3), 340(2), 61(2) -- Bail - Offence u/ss 338(3), 340(2), 61(2) BNS - Cyber Fraud - There is sufficient prima facie evidence connecting petitioner with alleged crime - However, pre-trial incarceration should not be a replica of post-conviction sentencing - Petitioner's total..........
Indian Penal Code, 1860, Section 120, 420, Prevention of Corruption Act, 1988, Section 13(1)(d), Prevention of Money Laundering Act, 2002, Section 44(1)(b) -- Whether, at the stage of considering the prayer for bail, the accused, by invoking Section 91 of the CrPC (Section 94 of the BNSS), can apply to get the documents produced - For discharging the burden under Section..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 316(2) -- Anticipatory bail - Cruelty - Petitioner has already joined investigation and substantial part of dowry articles are recovered - Allegations detailed in FIR are matter of trial - No purpose would be served by sending petitioner behind bars - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Involvement of accused in other criminal cases cannot be sole ground to deny him concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 506, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 364-A, 506, 34 IPC and S.25 of Arms Act - Petitioner is behind bars for last 10 months and 21 days - Out of total 18 PWs, only 4 have been examined so far - Conclusion of trial will take considerable long time - Culpability if any..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere omission to pass a formal remand order, does not by itself, entitle an accused to bail - Cumulative effect of long period of incarceration, consistent failure of authorities to comply with production warrants, and absence of valid remand orders cannot be overlooked - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Despite repeated issuance of production warrants on multiple dates, jail authorities have consistently failed to produce petitioner before trial Court - Persistent non-compliance has resulted in the prolonged incarceration of petitioner without benefit of a valid remand order or even opportunity to be heard before Court..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Power to remand an accused to judicial custody is a crucial judicial function that must be exercised with due diligence and in strict compliance with procedure established by law - A lapse in this regard strikes at the very root of personal liberty - Bail granted...........
