Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 468, 467, 471, 120B -- Bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Two earlier bail petitions of petitioner had been rejected - First rejection order was passed 05 months after arrest of petitioner and second bail petition was withdrawn - Petitioner has undergone more than one and a..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Offence u/s 17 of NDPS Act - Recovery of 500 grams opium from possession of petitioner and 1 kg of opium from car - Recovery of contraband is less than commercial quantity - Even, S.37 of the Act is not applicable - Keeping in view nature of accusation,..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - It is always in the interest of justice that accused should join stream of trial and in case due to some reasons, accused is declared proclaimed person, then Court would always look into substance and material available on record to show whether he intended to evade proceedings or not - However, where..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Neither intimation regarding notice/no, bailable warrants issued against petitioner nor it was given to numberdar/chowkidar/sarpanch of the village - Moreover, it does not appear that petitioner is deliberately and willfully evading arrest and has not joined the proceedings - In interest of justice,..........
Criminal Procedure Code, 1973, Section 482, Punjab Apartment and Property Regulations, 1995, Section 36(1), 36(3) -- Quashing of FIR - Offence u/ss 36(1), 36(3) of PAPRA - Violation of Ss.3, 5, 6, 9 & 15 of PAPRA - Admittedly, land owners proposed to sell their land with stipulation in agreement that petitioners/proposed buyers can sell land either as a single plot or by..........
Criminal Procedure Code, 1973, Section 482, Punjab Apartment and Property Regulations, 1995, Section 36(1), 36(3) -- Quashing of FIR - Offence u/ss 36(1), 36(3) of PAPRA - Recital in agreement to sell that possession of land is handed over to petitioners - However, petitioners stated at bar that possession is with land owners and said fact verified by SHO and Naib..........
Criminal Procedure Code, 1973, Section 482, Punjab Apartment and Property Regulations, 1995, Section 36(1), 36(3) -- Quashing of FIR - Offence u/ss 36(1), 36(3) of PAPRA - As per the report of SP, land owners were exonerated by making observation that they had no knowledge about intention of purchaser party to construct temporary roads without seeking permission from PUDA..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity alone is not the decisive ground to deny bail - Competing factors are required to be balanced by Court while exercising its discretion...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Opposed on the ground that if bail is granted, accused may flee from justice - The same can be met by putting accused to stringent conditions...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Normal rule is bail and not jail...........
