Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Two year period mentioned in S.85(3) Cr.P.C has to be reckoned from date of attachment till date of arrest or appearance of accused and not with respect to date on which an application submitted u/s 85(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 85 -- Word `shall' engrafted in S.85(3) Cr.P.C makes provision mandatory casting a duty on Court to release property on subjective satisfaction of non-existence of willful absence and it shall be exercised on production of accused after his arrest or his appearance before Court...........
Criminal Procedure Code, 1973, Section 82, 83 -- Issuance of warrant of arrest and proclamation of attachment - Conjointly and simultaneously is devoid of sanction of law and thus, unsustainable...........
Constitution of India, 1950, Article 226 -- Writ of Mandamus - Seeking withdrawal of Look Out Circular (LOC) issued against petitioner - Petitioner requires to travel abroad frequently for medical treatment - In his earlier visits to abroad petitioner has never violated terms of permission granted by CBI Court - In instant case petitioner is neither evading arrest nor..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 28 -- Pre arrest bail before registering FIR - Only the Special Court designated under POCSO Act can entertain application and regular Sessions Court cannot exercise power u/s 438 of the Code...........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of knife and rope - Recovery effected on disclosure statement of accused - PW4 and PW5 categorically stated in their deposition that recovery effected with the help of sniffer dogs - However, said fact is neither mentioned in FIR nor I.O in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 188, 342, 323, 149 -- Anticipatory bail - Offence u/ss 353, 186, 188, 342, 323, 149 IPC - Matter involving merciless beatings given to police official on duty - If concession of pre-arrest bail is granted to accused of assaulting public servants on duty that may further embolden people..........
Customs Act, 1962, Section 104, Gold Control Act, 1968, Section 68, Central Excise Act, 1944, Section 13, Drugs and Cosmetics Act, 1940, Section 22(1)(d), 32, 36AC, Drugs and Cosmetics Rules, 1945, Rule 51(4), (5), Criminal Procedure Code, 1973, Section 167 -- Drugs Inspector taking-up matter falling under Chapter IV of the Act - He is invested with the power to arrest...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Plea of false implication and delay of about 7 months in approaching police are not much relevant while deciding a petition for grant of pre-arrest bail, as such grounds may have some merit and significance while determining guilt of accused during trial...........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Petitioner was out of reach of police for about 27 years - He was in the same area and avoided his arrest and managed affairs in such a manner for 27 years - Petitioner was declared PO and was arrested in 1990 - There is possibility that petitioner had been..........
