Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 2kgs and 515 grams of ganja - When quantity is less than commercial restrictions of S.37 NDPS Act will not attract and factors for bail become similar to offence regular statutes - Moreover, petitioner is first..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 419, 465, 466, 471, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Bail - Offence u/ss 409, 419, 465, 466, 471 IPC and Ss.13(1)(c), 13(1)(d), 13(2) of P.C Act - Socio-economic offence - Petitioner had joined the investigation as and when called by CBI - CBI not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Victim is employee, matured lady and working in Court and she would know consequences and legal remedies - Instead her keeping quiet for such a long time would make out a case for bail to petitioner - Petitioner is a first offender and one of relevant factors..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Perusal of order shows that on each date of hearing petitioner was represented by his counsel and on 18.11.2019, petitioner himself was appeared before trial Court - But non-appearance of petitioner or his..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - False promise of marriage - Victim is a married lady having two kids - There cannot be a promise to marry when victim is in subsisting marriage - Anticipatory bail granted to petitioner with conditions...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 506, 120B -- Anticipatory bail - Offence u/ss 420, 506, 120-B IPC - Petitioner is a young boy aged just 16 years and after considering allegations, and in facts and circumstances peculiar to petitioner, on this ground alone he is entitled to bail - Furthermore, petitioner is a first offender..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW - Prosecution witness cannot be recalled merely because he gave a different statement in another case that too, after a period of seven years - It is not a case where a contradictory statement was given by some other witnesses in the present trial - Application rightly dismissed. (Judgment in Sudevanand Vs. State..........
Criminal Procedure Code, 1973, Section 482, 4, 5, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Delay in lodging FIR - Ss.4 & 5 Cr.P.C. not applicable as it is criminal jurisdiction which is invoked and not jurisdiction u/s 138 Negotiable Instruments Act - FIR cannot be said to be belated as Ss.420, 406, 120-B IPC permits lodgement of FIR within..........
