Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - One of accused granted bail after 4-1/2 years of custody - Co-accused surrendered after 10 years - High Court granted bail subject to condition that he would be enlarged after remaining in custody for 4-1/2 years - Impugned order set aside - High Court directed to reconsider..........
Criminal Procedure Code, 1973, Section 437 -- Cancellation of bail - Bail granted - Subsequently offence u/ss 364-A, 120-B IPC added - Accused released on the same bond which they had executed earlier - Accused did not misuse the bail - No case for cancellation of bail made out...........
Constitution of India, 1950, Article 19(a) & 226, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 468 and 471 -- Arrest of a MP on serious charges of corruption - Loss to State to tune of Rs.95 crores alleged - Bail rejected - Accused MP filed petition under Art.226 of Constitution to attend Parliamentary proceedings - Held, when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - In a offence under NDPS Act - It is entire drug content, solution or mixture which is to be seen and not only pure drug contents of the narcotic/psychotropic substance - If it is found to be more than commercial quantity, then rigour of S.37 of the Act would apply - Notification dated 18.11.2009 is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - For grant of bail in a offence under NDPS Act it is S.37 of NDPS Act which applies and not S.439 Cr.P.C. - In case of inconsistency between the two provisions, it is S.37 of NDPS Act which prevails - Though Court has power to grant bail u/s 439 Cr.P.C. but..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Offence u/s 307 IPC - Pressing neck - Only one simple injury found on one side of neck - Ordinarily when attempt to strangulate is made by both the hands, injuries will be found on either side of the neck - It cannot be conclusively determined at this stage as to whether..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - No recovery required to be made from the applicant - However, interrogation of accused required as he is an offender against whom accusations have been made for committing cognizable offence - Anticipatory bail granted with terms and conditions...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Factors and parameters to be taken into consideration : (i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made; (ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone..........
Criminal Procedure Code, 1973, Section 438 -- A person not available in India, cannot file an application for anticipatory bail u/s 438 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(a), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Seizure of contraband - Grant of bail - Recovery of 1.100 Kgs. of charas from accused - Accused in Jail for nine months - Plea that accused is 58 years old and is near..........
