Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Revision - Grant of bail - Revision arising from short sentence imposed by Judge - Pendency of large number of matters - Held, applicant ordered to be enlarged on bail in his furnishing a bond of Rs.5,000/- with one surety - Order accordingly...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance - Whether grant of permanent personal exemption by Magistrate to accused in a bailable offence be understood and construed to having dispensed with requirement of accused to obtain bail from Court and whether exemption..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Factors to be considered - Held, while considering the prayer for grant of anticipatory bail, the balance has to be struck between two things namely no prejudice is caused to the free, fair and full investigation and that there should also be prevention of harassment, humiliation and unjustifiable..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 409, 506 -- Bail applications - Rejection of - Validity - Applicants were President, Secretary and Treasure of Housing Society - Land was sold by applicants without any proper authority - Land was sold as if land was private property of applicant "S" and not property of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37 -- Bail - Commercial quantity of psychotropic substance - Recovery of 19 bags of poppy husk, containing 30 kg in each bag, i.e., commercial quantity recovered from truck of petitioner - Truck was sold to him by registered owner - Documents of truck was recovered..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 323, 324, 148, 149 -- Anticipatory Bail - Trespass and hurt - Case of version and cross-version - Even as per version in FIR, scuffle had taken between parties and both parties sustained injuries - No specific injury has been attributed to present petitioners - Present petitioners is similar..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, 53, Indian Penal Code, 1860, Section 376 -- Rape - Juvenile - Denial of bail on the basis of report of Probation Officer that release of accused is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Advance notice - Service of - Held, if petitioner is required to be arrested in any criminal case, he would be given five days notice in advance to be served personally upon petitioner in order to enable him to avail legal remedy available to him as per law - Order accordingly...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379 -- Anticipatory Bail - Offence u/s 379 IPC - Accused no more required for custodial interrogation - There are no allegations on behalf of State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Bail - Recovery of opium and charas - Contention of petitioner that he was engaged as a driver by co-accused only from the last 10 days and had no knowledge that his co-accused was carrying opium and charas, therefore, he cannot be said to have been in..........
