Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389 -- Recovery of 60 kgs poppy husk - Suspension of sentence during pendency of appeal - When contraband is marginally more than no, commercial quantity, then convict who is sentenced to imprisonment for ten years for having contraband in his conscious possession, is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 294, 504, 506, 354A, 354D -- Anticipatory bail - Offence u/ss 294, 504, 506, 354-A, 354-D IPC - Version as set forth by complainant prima facie belied by report of FSL - There is no likelihood of accused fleeing from justice - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Rape - Anticipatory bail - Promise of marriage - On the basis of records, it cannot be said that accused would in any manner interfere with the trial of the case and it is not even the allegation of prosecution that accused would flee from justice - In such eventuality, it is otherwise open..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Successive bail applications - Accused has right to make successive bail applications but Court entertaining such subsequent applications has a duty to consider the reasons and grounds on which earlier bail applications were rejected - In such case, Court also has a duty to record what are sufficient grounds which..........
Criminal Procedure Code, 1973, Section 439 -- Bail - It is not necessary to do detailed examination of evidence and elaborate documentation of merit of case need not be undertaken but there is need to indicate reasons for prima facie concluding why bail was being granted, particularly where accused is charged of having committed a serious offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376d, 506, 201 -- Bail - Kidnapping and rape - Physiological report of prosecutrix found to be indicative of border line mental retardation followed by 25% intellectual impairment - It made the prosecutrix although more vulnerable and a soft target - More so, prosecutrix was living with her..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Appellants relied on document which was not produced during investigation but same was produced in bail application - No explanation forthcoming from appellants as to why the same was not handed over to investigating officer - Moreover, if investigating officer had omitted to do the investigation regarding..........
Criminal Procedure Code, 1973, Section 438, 319 -- Additional accused - Entitlement to pre-arrest bail - Plea of anticipatory bail of such an accused can be considered - If Court is satisfied that such accused would cooperate during proceedings, their plea for anticipatory bail can be accepted...........
Criminal Procedure Code, 1973, Section 167 -- Default bail - Charge sheet not filed within 90 days - Computation of period - Computation of 90 days as contemplated u/s 167 Cr.P.C. would commence from the date on which detention of accused is authorized in such custody as Magistrate/Sessions Judge deems fit and not from the date on which body warrant was served on Jail..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within stipulated period - However, cognizance is not required to be taken within stipulated period - Accused is not entitled to default bail when charge sheet is filed within stipulated period but cognizance is not taken within the stipulated period...........
