Criminal Procedure Code, 1973, Section 439 -- Murder case - Interim temporary bail - Female accused delivered a child in jail hospital - Motive attributed to accused for killing her mother-i, law would be debatable issue at trial - Chances of tampering with evidence is not much as complainant is none else but son of deceased - Bail granted - It is ordered that accused..........
Constitution of India, 1950, Article 21 -- Custody - Fundamental rights - Inhuman conditions in prisons across the country like (i) Overcrowding of prisons; (ii) Unnatural death of prisoners; (iii) Gross inadequacy of staff and (iv) Available staff being untrained or inadequately trained - International Covenant on Civil and Political Rights and Art.5 of Universal..........
Parole -- Not to be denied on mere generalization by recording that generally it has been seen that prisoners on release engage themselves in smuggling activities causing danger to security of country and that there is chance of recovery of contraband from them - Moreover, this can be ensured by asking prisoner to execute necessary bonds or furnish heavy surety that while..........
Limitation Act, 1963, Article 91(a) -- Misappropriation of bonds - Recovery suit - Applicability of S.91(a) of Act - Bonds are specific movable property, which is capable of being possessed - Art.91(a) of Act would apply to it for the purposes of limitation...........
Limitation Act, 1963, Article 91(a) -- Misappropriation of bonds - Recovery suit - Limitation for filing the suit for compensation is three years from the date on which the person having right to possession of property learns in whose possession it is - Instantly, suit filed within three years from the date of knowledge with regard to a specific person in whose possession..........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Warrant trial - Accused cannot claim exemption u/s 205 Cr.P.C. unless accused is granted bail and he has furnished bail bonds...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Ascertainment of market value of bonds - Bonds in question were tradable commodity on stock market and its value can be easily ascertained either on the date when bonds entrusted by respondents were handed over to appellant bank or at the time when the appellant bank sold it to third parties - It is evidently unjust..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Proclaimed offender - Determination - Petitioner has already given undertaking that he would submit to the process of law and would furnish bail bonds to the satisfaction of trial Court - Direction given to petitioner to appear before trial..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan - Bahi entries - Account books/bahi entries are not instruments of advancement of loan like pronote, bonds, or Bill of exchange etc. which can legally be enforced, as recognized under the N.I Act - Entries in account books are only relevant u/s 34 of Evidence Act,..........
Criminal Procedure Code, 1973, Section 439 -- Regular Bail - Material against petitioner is inculpatory disclosure statement of an accused who has already been acquitted - Bail application of present petitioner allowed with surety bonds...........
