Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner has been in custody since 09.03.2023 - He was initially remanded to police custody upon production before Magistrate and was subsequently remanded to judicial custody - However, subsequent to filing of challan, trial Court did not pass any formal or express order extending judicial remand of petitioner - Even,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 29, 61, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Custody period undergone by accused is 1 year and 23 days - Quantity of alleged contraband is marginally over and above commercial quantity - Co-accused has already been granted concession of bail - Petitioner is not a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner is behind bars for last 1 year 2 months and 5 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before Court concerned - Charges were framed and trial of case has not..........
Bharatiya Nyaya Sanhita, 2023, Section 80, 85, Dowry Prohibition Act, 1961, Section 3, 4, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/ss.80, 85 BNS and 3, 4 DP Act - Anticipatory Bail - As per the postmortem report on record, deceased died of asphyxia due to ante-mortem hanging and further, no other injury marks were found on any other part of the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory Bail - Applicant an approach HC directly for seeking anticipatory bail where there are some special circumstances exist justifying him not approaching the Session Court first...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory Bail - Application directly filed to HC - The Session court`s consistent approach in rejecting the anticipatory bail of co-accused amounts to an extraordinarily justifiable circumstance for accused to directly approach the HC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of brown sugar - Bail - As per record, a commercial quantity of brown sugar was recovered from the petitioners - Petitioners failed to overcome the restriction provided u/s.37 NDPS Act - Therefore, interim bails granted in favour of petitioners stand..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of brown sugar - Default bail - Charge sheet filed without Chemical Examination Report - A chargesheet filed within time but without a Chemical Examination Report, does not entitles the accused from getting default bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail of petitioner cancelled due to his non-appearance, as he was out of station for some urgent work - Non-bailable warrants were also issued against petitioner - Since petitioner is keen to join proceedings, order of cancellation of bail set aside with cost of Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 379B, 427, 506, 147, 148, 149 -- Bail - Attempt to murder - Petitioner is behind bars from last 1 year 11 months and 24 days as on 29.4.2025 - Out of 42 PWs only 8 PWs have been examined till date - Conclusion of trial will take considerable long time - No useful purpose would be served..........
