Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery of 260 grms of heroin effected from him and 500 grms of opium was also recovered from dashboard of car - Quantity of recovered contraband falls under commercial quantity - Rigors of S.37 of NDPS Act would certainly be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Charges were framed on 23.2.2024 and out of total 35 PWs only one PW has been examined till date - No recovery effected from petitioner and he was nominated only on the basis of disclosure statement of co-accused - Investigation of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 354, 114, 34, Arms Act, 1959, Section 25 -- Fourth bail application - Murder - Earlier bail applications were dismissed as withdrawn - All the private PWs stand examined after dismissal of last bail petition - Petitioner has suffered incarceration for about 2 years 7 months and 20..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Appeal is filed by appellant before High Court in the year 2020 - Older appeals would be heard prior to this appeal being considered - Co-accused has been released on bail by High Court - Appellant has already completed a little more than half the sentence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397 -- Bail - Offence u/ss 395, 397 - Challan was presented and charges were already framed - Out of 23 PWs only 1 witness has been examined till date - Petitioner has undergone an actual custody of 1 year and 27 days and there is not other case registered against him - Veracity of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be declined solely on the ground that accused is involved in another case...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail is to be dealt with on a different footing in comparison to a proceeding for grant of bail - There shall be cogent and overwhelming reasons for the cancellation of bail granted to an accused - Conventionally, there can be supervening circumstances which may develop post the grant..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Stipulations contained in Ss.437(5), 439(2) Cr.P.C. cannot be treated as a substitute for preventive detention laws...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to petitioner cancelled on the ground that he is involved in other offence - However, prosecution has not produced any material to show that alleged involvement of petitioner in subsequent crime has any nexus with trial or any of proceedings in the case - Nothing to show that he had an..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted by imposing condition of demolishing the wall at the expense of appellants and handing over possession of disputed property to complainant - Condition imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial - Condition set aside...........
