Criminal Procedure Code, 1973, Section 439 -- Bail - If there are serious allegations against accused, even if he has not misused the bail granted to him, such an order can be cancelled by same Court that has granted the bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - In a serious criminal offence - Court must consider relevant factors like nature of accusations made against accused, manner in which the crime is alleged to have been committed, gravity of offence, role attributed to accused, criminal antecedents of accused, probability of tampering of witnesses and repeating the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Can also be revoked by a superior Court if it transpires that Courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Double murder case - All the accused have remained in custody for less than three years for such a serious offence of double murder for which they have been charged - Accused have previous criminal history and there have been allegations that three of accused herein have threatened one of the key eye-witnesses in open..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c) -- Contraband - Export of a psychotropic substance without licence, permit or authorization under governing rules or orders is expressly prohibited...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), 27A, 28, 29, 30, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Prima facie there is sufficient material to demonstrate that A-4 was a confederate in conspiracy to export psychotropic substance - There is material to indicate that A-4 had not only arraigned foreign purchasers..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), 27A, 28, 29, 30, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Statement of A-1 recorded u/s 67 of NDPS Act prima facie rules out the involvement of A-5 - Transcripts of whatsapp conversation between A-1 and A-5 does not indicate prima facie that A-5 was privy to alleged..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of documents - Once case is pending for plaintiff's evidence, marking documents in evidence can be denied only when Court comes to a conclusion that such document is either not relevant or not admissible in evidence...........
Criminal Procedure Code, 1973, Section 436A, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PMLA - Charge has not been framed - There is thus, no prospect of even the trial commencing - Appellant entitled to be enlarged on bail...........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is required to address all the issues and determine the appeal upon assignment of cogent reasons - Therefore, it would be wholly improper to allow first appeal without adverting to the specific findings of trial Court...........
