Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Proceedings u/ss 82, 83 Cr.P.C - Petitioner due to lack of communication coupled with misunderstanding created by circumstances beyond the control of petitioner, gathered impression that pending criminal proceedings before trial Court had been dropped against him and thus, he became lax - Dereliction on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 333, 353, 504, 506, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Murder - Applicant is in jail since last 4 years - Serious allegations were made against applicant - Being a police officer he has misused the trust which has led to death of his colleagues - Trial is..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Gravity of offence should not be taken into consideration while considering application for grant of bail...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Child in conflict with law cannot be deprived of care and protection of family for their economic status...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Report of Probation Officer states that father of juvenile is a labourer and he earns Rs.15,000 pm and his mother works as cook and earns Rs.5000 pm - Therefore, he is capable of looking after the welfare and education of his son - Juvenile is studying in Class 9 - Neighbours have..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Recovered capsules only contain salt acetaminophen (Paracetmol) - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Bail - Cheating - Investigation of case is complete and challan stands presented - Charges are yet to be framed and out of 20 PWs, none has been examined yet - Conclusion of trial is likely to take long time - Detaining accused behind the bars for an indefinite period would solve no..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Anticipatory bail application is maintainable at the instance of an accused who is already in judicial custody in a different offence...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
