Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Fixed term sentence - Accused is 70 years of age and out of four years of maximum sentence, he has already undergone 2 years of sentence - He is virtually blind - Nothing on record to show that release of accused on bail pending appeal would thwart the course of justice -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted only for a period of two months - Accused was in custody since 2022 - Only one witness had been examined so far - There was no good reason for High Court to limit the period of bail - If High Court was of the view that right of accused to have speedy trial could be said to have been infringed, then High Court..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Recital in gift deed and release deed wherein donor specifically acknowledged that donee accepted the gift and possession of property was delivered to donee, are sufficient to establish acceptance of a gift...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Murder case - Applicant was a juvenile on the date of occurrence - He does not have criminal history - Applicant has been in confinement for an unduly long period of time and trial has not concluded within time frame contemplated by the Act - More so, mother of applicant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Petitioner is trying to mislead the Court as regards his admission in hospital - Though petitioner is having some medical ailment, but by not surrendering on time and moving application for extension of bail by..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is the registered owner of vehicle and is not one of co-accused - Trial Court while dismissing the application has missed said vital aspect - Impugned order set aside - Matter remanded for fresh decision...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Release deed and sale deed executed during pendency of suit for permanent injunction and during operation of temporary injunction order - Subsequent purchasers will be bound by lis pendens and cannot claim they are bonafide purchasers for valuable consideration ...........
Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle in question appears to have been seized as it was allegedly carrying huge quantity of liquor exceeding the prescribed quantity - However, there is nothing on record to suggest as to whether the said vehicle was sought to be produced before the concerned Court so as to invoke S.451 Cr.P.C or..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS Act - Petitioner is the registered owner of vehicle - Court should pass appropriate orders immediately and articles should not be kept for a long time at the police station - Vehicle in question directed to be released in favour of petitioner on supurdaginama of Rs.1 lakh and..........
