Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Magistrate cancelled bail granted by HC u/s 439 Cr.P.C - However, bail order specifically provided, in case of violation of bail conditions, prosecution can move for cancellation of bail before Jurisdictional Court - Though application was filled by quoting S.439(2) Cr.P.C,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 310(2), 191(3), 190, 111, 303(2), 238, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 310(2), 191(3), 190, 111, 303(2), 238 BNS and Ss.25, 27 of Arms Act - Petitioner has been in custody since 10.9.2024 - Challan stands presented - 28 PWs have been cited - Possibility of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot grant compensation to accused for wrongful confinement in a bail application u/s 439 Cr.P.C, as jurisdiction conferred upon a Court u/s 439 Cr.P.C is limited to grant or refusal of bail pending trial...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to accused in writing - Arrest is unconstitutional - Custody of accused on orders of remand also vitiated - Filing of charge sheet and order of cognizance does not validate an arrest which is per se unconstitutional - Order of remand, set..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Contraband - Contraband recovered does not fall within definition of commercial quantity - But offences under Act are non-bailable and merely if the rigours of S.37 of NDPS Act are not applicable, does not mean that applicant is liable to be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Contraband - Investigation is complete and charge sheet has been filed - Case is now fixed for PWs - Applicant has not even whispered about registration of two cases against him under NDPS Act - In such situation, stand of police qua..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 302, 201, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442 -- Bail - It is well-settled that bail is the rule, and jail is the exception - When a revision application challenging the order of discharge is admitted for hearing, the High Court may exercise power under Section 390..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Prosecution has not presented any incriminating evidence linking petitioner to alleged offence - Plea of petitioner regarding cheques being handed over which subsequently got dishonoured, matter falls under S.138 of the Act - Petitioner has..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, 61, 85 -- Bail - Contraband - Recovery effected from petitioner is of 261 grams of a narcotic substance containing the sale of `Tramadol Hydrochloride' which is marginally above the commercial quantity of 250 grams - Petitioner is a first..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of order - Order of cancellation of bail and issuance of non-bailable warrants - Petitioner has remiss in appearing before Court only on one date consequently orders in question were passed against him - However, within seven months of absence form Court and on coming to know about passing of impugned order,..........
