Criminal Procedure Code, 1973, Section 457, 482 -- Vehicle - Custody - Petitioner registered owner of vehicle - He himself not an accused - Order of release of vehicle on supurdaginama with a bank guarantee of Rs.1, 00, 000/- - Condition onerous and set aside - Vehicle ordered to be released on supurdaginama and personal bond...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 451 -- Opium - Recovery from accused who were travelling in the vehicle - Vehicle taken into custody - Contraband was allegedly carried by accused in their pockets and vehicle was not used for transporting the contraband - Vehicle given to owner on supurdari on..........
Criminal Procedure Code, 1973, Section Ss.107, 116(3) -- Proceedings u/s 107 Cr.P.C. - No surety/security or personal bond is required to be furnished under an interim order u/s 116(3) of the Code...........
Criminal Procedure Code, 1973, Section 436, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A bailable offence - Release of accused on bail on furnishing a bail bond in the sum of Rs.2 lakhs alongwith a surety of the like amount - Quantum of personal bond and surety challenged to be harsh, onerous and burden some - Held, it is discretion of Court to..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Juvenile Justice (Care and Protection of Children) Rules, 2001, Rule 62 - Juvenile - Applicability of Act, 2000 in respect of pending cases - Special provision - Suspension of sentence - At appellate stage - Even if on account of either ignorance or penury, a person is unable to take the plea of..........
Criminal Procedure Code, 1973, Section 446 -- Cancellation of personal bond/surety bond and imposing of penalty - Accused regularly appearing - Accused ill on the date when case was fixed for pronouncement of order - Accused granted exemption from personal appearance - On the next date also accused applied for exemption from personal appearance and the same was granted -..........
Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction - Accused were on bail during trial - No immediate prospect of appeal being heard in near future - Sentence suspended till disposal of appeal on furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like amount...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Accused a boy of 15 years arrested on committing an offence u/ss 392 & 397 IPC - Though he was declared a juvenile by order of Sessions Court but he not sent to observation home and remained behind bar for about three years because of sheer negligence, indifference and inhuman behaviour of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Bail granted subject to deposit of Rs.2.5 lakhs - Nothing on record to indicate that any of the dowry articles or any other articles have been misappropriated - Condition improper - Accused in the event of arrest be enlarged on bail on..........
Vehicle -- Involved in crime - Release - Imposing onerous condition not necessary - Maruti car ordered to be released on executing a personal bond for Rs.2 lakhs with two sureties - Not at all warranted - Vehicle ordered to be released on furnishing personal bond for Rs.20,000/- with two sureties for the like sum and furnishing a written undertaking not to alienate or..........
