Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Magistrate has got absolute jurisdiction to entertain an application u/s 437 Cr.P.C in view of Ss.78 to 81 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 447 -- Bail - Offence u/s 447 of Companies Act - Bail granted to accused without considering twin mandatory conditions for grant of bail laid down u/s 216(6)(ii) of Companies Act and no, application of mind on part of Court even u/s 439 Cr.P.C - High Court ought not to have been influenced..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - While granting bail, antecedents of accused and manner in which offence u/s 302 IPC was committed not considered - These factors were relevant while considering bail application - Bail application dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42, 50, Criminal Procedure Code, 1973, Section 439(2) -- Contraband - Commercial quantity - Cancellation of bail - Recovery effected from a bag carried by co-accused in his hand on a public road and not from his person/body - Seizure of narcotic substance by ASI of police is not without authority of law or..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 3 gms heroin - Commercial quantity - Prima facie material disclosing recovery of narcotic substance above commercial quantity i.e 3 gms of heroin from petitioner - Recovery effected from petitioner pursuant to search conducted by a Sub..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Addition of new offences including serious offences when accused is on bail - Following procedure be adopted viz: (i) accused can surrender and apply for bail for newly added offences, in event of refusal of bail accused can directly be arrested; (ii) investigating agency can seek order from Court u/s 437(5) or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 390 gms Pseudoephedrine and 325 gms Heroin - Commercial quantity - Confession - Petitioner sent parcels containing contraband on three occasions - He stated in his statement recorded u/s 67 of NDPS Act that he used to book parcels to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 506 -- Bail - Attempt to murder - Charges were framed on 5.11.2018 and now trial is pending for 9.7.2019 - Out of total 16 PWs, 8 material witnesses are yet to be examined and prosecution has moved an application u/s 319 Cr.P.C - Trial therefore, will certainly take a long time -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 295A -- Bail - Offence u/s 295A IPC - As investigation is complete and challan stands presented and charges are yet to be framed and it will take long time in conclusion of trial - Since petitioners are in custody for last about 4/5 months and maximum punishment for offence u/s 295A IPC is 3..........
