Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 392, 323, 452, 506, 294(b), 34 -- Anticipatory bail - Offence u/ss 392, 323, 452, 506, 294(b), 34 IPC - Material placed on record would sufficiently indicate that accused had intention to intimidate or at least slap him and thus, cause hurt to him and also applying stinging nettle plant over his..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - There is no provision requiring accused to make any formal application for default bail - Even an oral plea for default bail is compliance with S.167(2) Proviso (a) Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Dispute has traits of a civil dispute - Complainant cannot allege cheating or criminal breach of trust against petitioner on basis of agreement to sell - In fact petitioner was never a party to said agreement to sell - Application held, allowed subject to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Murder case - Petitioner is evading his arrest for last more than 2 years - He did not appear even after dismissal of his first anticipatory bail application - Innocence of petitioner is yet to be proved before competent Court -..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused files an application for bail u/s 167(2) Proviso Cr.P.C, he is deemed to have `availed of' or enforced his right to be released on default bail, accruing after expiry of stipulated time limit of investigation - If accused applies for default bail, Court must release him on bail forthwith without..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on default bail continues to remain enforceable if accused has applied for such bail, notwithstanding pendency of bail application, or subsequent filing of charge sheet or a report seeking extension of time by prosecution before Court, or filing of charge sheet during interregnum when..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 25A, 29 -- Default bail - Offence u/ss 8(c), 22(c), 23(c), 25-A, 29 of NDPS Act - Accused exercised his option to obtain bail on 181st day of his arrest - Public prosecutor had not filed any application seeking extension of time to investigate..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Application for bail filed before JJ Board dismissed - Accused filed application u/s 439 Cr.P.C, instead of filing of appeal before Sessions Judge - However, not availing of such alternative remedy does not bar independent statutory remedy of filing of petition u/s 439 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Materials relied upon by prosecution whether admissible in evidence, is a matter to be decided at the time of trial - As regarding extra judicial confession alleged to be given by accused after about 17 years of alleged incident, is to be decided by trial Court at..........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Release of attached property - Denial - Case records were not traced without which an order passed dismissing application that too without knowing real impact of S.85 CrP.C - Accused was acquitted after order of attachment and he passed away later on - Issue whether accused appeared within two years and had shown..........
