Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Notice and hearing of de facto complainant - Court need not issue a notice to de facto complainant suo motu or direct accused to implead a de facto complainant in a bail application except in cases in which Criminal Procedure Code and other Acts insist so or bail court feel that de facto complainant is also to be heard..........
Criminal Procedure Code, 1973, Section 439(1A), Indian Penal Code, 1860, Section 376(3), 376AB, 376DA, 376DB -- Bail - Presence of informant or any person authorised by him shall be obligatory at the time of hearing of an application for bail to the person charged u/s 376(3), 376-AB, 376-DA, 476-DB of IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406 -- Bail - Violation of an agreement or non payment of balance due - Whether an offence u/s 420 IPC or 406 IPC is made out or not is a matter to be investigated by investigating officer - For that purpose, custodial interrogation is not necessary - Bail granted...........
Criminal Procedure Code, 1973, Section 427, 386 -- Concurrent running of sentences - Conviction in 2 cases - Two appeals filed against two cases and both the appeals decided by a common judgment - Sentences which have been imposed against accused even though in different trials can be ordered to run concurrently with such previous sentence...........
Indian Penal Code, 1860, Section 354A, 354, 323, 452, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of woman - Accused already suffered jail incarceration for more than 2 months - Investigation is complete and challan has been filed - Accused is no more required for further custodial interrogation - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C - Not maintainable when alternative remedy of Revision is available...........
Criminal Procedure Code, 1973, Section 53A -- Medical examination of accused - Rape case - Question of examination of an accused of rape by a medical practitioner as per S.53-A Cr.P.C is necessary only if there are reasonable grounds for believing that an examination of his person will afford evidence as to commission of an offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Rape case - Victim aged about 15 years specifically stated that she was subjected to rape by accused and co-accused - She..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder case - Taking into account the facts and circumstance of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any convincing material to indicate possibility of tampering with..........
