Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 382, 34 -- Bail - Offence u/ss 384, 34 IPC - Accused at one point of time granted bail but did not appear before Court, as he was informed that he is acquitted in the case - He was declared Proclaimed Offender - Accused since then in judicial custody from Nov 2020 - He volunteered to pay costs of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Proclaimed offender - Accused while on bail, absented twice earlier and he was declared proclaimed person - Accused again misused the concession of bail by not appearing in Court - Petitioner does not deserve grant of anticipatory bail - Accused directed to..........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - S.82 Cr.P.C neither creates any riders nor imposes any restrictions in filing of anticipatory bail by Proclaimed offenders...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - It is case of non-commercial quantity - Petitioner was earlier on bail but he jumped the bail in 2013 and was subsequently declared proclaimed offender - As conclusion of trial will take considerably long time, bail held, granted..........
Criminal Procedure Code, 1973, Section 439 -- Bail - High Court not to pass mandatory orders of commanding subordinate Court to compulsorily grant bail, particularly, when accused was declared a Proclaimed offender, as such orders breach the independence of subordinate Courts...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the address where he was residing - That after passing of order declaring him as proclaimed offender, petitioner has surrendered..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Procedure u/s 82 Cr.P.C. not followed before declaring petitioner as proclaimed offender - No service upon petitioner got effected as he was not an ordinary resident of addresses given in complaint - Moreover, petitioner already appeared before trial Court and has been granted bail - Order declaring..........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Proclaimed offender - When accused is declared proclaimed offender he should not be granted anticipatory bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4400 kgs poppy husk - Petitioner implicated on disclosure statement of main accused - Petitioner declared proclaimed offender and then he was arrested - For more than 10 months petitioner is in custody - Petitioner neither apprehended on spot..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Proclaimed offender - Determination - Petitioner has already given undertaking that he would submit to the process of law and would furnish bail bonds to the satisfaction of trial Court - Direction given to petitioner to appear before trial..........
