Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Record prima facie does not reflect that all reasonable and efficacious steps to secure presence of petitioner were exhausted before resorting to proceedings u/ss 82, 83 Cr.P.C. - Petitioner shall present himself before trial Court and seek bail and upon appearance of petitioner, proceedings initiated..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Incarceration without trial amounts to punishment - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 307, 386, 506, 482, 411, 120B, Arms Act, 1959, Section 25(6), 27 -- Bail - Attempt to murder - Prosecution proposes to examine 23 witnesses to drive home charges against appellant, but none has been examined - Trial is likely to take some time to conclude - Almost two years have passed..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is presented before Court within statutory period, mere return of same during scrutiny for compliance of certain procedural defects cannot be construed to mean that charge sheet was not filed within time...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once a charge sheet is filed within prescribed period, right to statutory bail u/s 167(2) Cr.P.C. does not accrue...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of default bail - Material placed on record discloses that a huge quantity of contraband i.e., 808.18 kilograms of Ganja was seized in the case - Offence alleged is one involving commercial quantity and therefore rigours of S.37 of the NDPS Act would also be attracted while considering question of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 302 -- Bail - Accused was arrested on a warrant - Grounds for arrest were not communicated to relatives of applicant in accordance with law - Arrest stands vitiated and applicant is entitled to be released on bail - Bail granted with conditions...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of bail - Violation of bail conditions can be a ground for cancellation of bail order...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of bail - Bail order can be cancelled if it was procured by misrepresentation or fraud...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once challan along with FSL report had already been presented before competent Court well before filing of application seeking default bail, indefeasible right to default bail if any stood extinguished...........
