Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 143, 147, 148, 341, 323, 324, 326, 308, 149 IPC - Mother of petitioner suffering from cancer - Custodial interrogation not required - No criminal antecedents against petitioner - Some of other accused in the crime granted anticipatory bail - Anticipatory bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 439 -- Bail - At pre-conviction stage, there is presumption of innocence - The object of keeping a person in custody is to ensure his availability to face the trial and to receive the sentence that may be passed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Seriousness of allegations or availability of material in support thereof are not the only considerations for declining bail - Delay in commencement and conclusion of trial is a factor to be taken into account and accused cannot be kept in custody for indefinite period if trial is not likely to be concluded within..........
Criminal Procedure Code, 1973, Section 439, 437(7) -- Bail - Fifth bail application - Offence u/ss 376(1), 366, 511, 506 IPC - Sexual assault by Government servant on promise of providing Government job to prosecutrix - Prosecutrix has not supported the prosecution case as she denied the alleged allegation against accused and stated that name of accused was mentioned by..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Merely by declaration of being a juvenile does not entitle a juvenile in conflict with law to be released on bail as a matter of right - If it is found that ends of justice will be defeated or that goal desired by legislature can be achieved by detaining a juvenile offender in a juvenile..........
Indian Penal Code, 1860, Section 363, 366, 376D, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Abduction and gang rape - Bail - Case of petitioner falls in more than one exception provided u/s 12 of JJ.Act - Petitioner even as a juvenile has gone to the extent of gang raping prosecutrix - Probation Officer report shows that petitioner was in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 173 -- Default bail - Non-presentation of challan/report u/s 173 Cr.P.C. - Recovery of contraband - As per evidence on record, period of 180 days already expired - Even, no application for extension of time has been moved by prosecution - Therefore, indefeasible..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Single instance of a child delinquent joining the company of some known criminal or criminals would not be sufficient to satisfy the definition of word `association' used in S.12 of Act - But if his past conduct is of nature which indicates his continuous association with known..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Offence u/s 302 IPC - Nothing adverse reported against petitioner in the probation officer's report nor it was reported that his past was of such a nature which indicates his continuous association with known criminal or criminals - Petitioner, held, entitled to bail - Bail..........
Criminal Procedure Code, 1973, Section 167(2), 173(2) -- Default bail - Filing of police report containing particulars mentioned u/s 173(2) Cr.P.C. amounted to completion of filing of report - Contention that police report filed is not as per legal requirement u/s 173(2) & (5) of Cr.P.C. which entitled him for default bail is rightly rejected by the High Court and does not..........
