Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - It would be appropriate that in all bail applications moved u/s 438 Cr.P.C, a footnote is added mentioning that concerned accused has not been arrested and is not in custody in any other case...........
Custody of child -- Writ of habeas Corpus - Paternal grandparents of child seeking custody of child from maternal grandfather/respondent - Mother of child upon being seriously ill was taken away by respondent along with child for medical treatment and she died in 2019 and since then child is under care and custody of respondent - Lodging of FIR u/ss 304-B, 498-A IPC and..........
Guardians and Wards Act, 1890, Section 7, 8, 10, 11, 17(3) -- Custody of child - Grant of custody to father - Challenge - 11 year old child is living with his father in Kenya, who fraudulently obtained decree of custody - As per Counsellor child never complained any mis-treatment by mother - Since, custody of child with his father is void-ab-initio - Therefore, Indian..........
Custody of child -- Claimed by father - Writ of Habeas Corpus - Mother of child committed suicide - FIR was registered against father of child and he is in jail - Child is in the custody of his maternal grand father - Custody cannot be said to be illegal or unlawful - Writ petition dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of heroin - Bail - Accused have been in custody for last 1 year 6 months and 23 days respectively - Challan has already been presented - There are as many as 25 witnesses out of which only one witness has been examined - Trial of case is likely..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14(v) -- Custody of child - Role of Committee - Committee cannot voluntarily interfere with custody of children except on a circumstance where it forms an opinion that child requires care and protection - Merely because children are isolated from mother by father committee cannot interfere with legal..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14(v) -- Custody of child - Given to mother by Committee - Committee did not find that father is incapacitated to take care and protect children - On the other hand giving custody to mother for only one week in a month would show that father has capacity to take care and protect children - Committee..........
Custody of child -- Writ of Habeas Corpus - Maintainability - Child was abducted by his father - Dispute in between father and mother - Both are natural guardians of child - Proper remedy therefore does not lie before this Court - Matter is of civil nature, which can be determined only by civil Court at appropriate forum - Petition dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 270 grm heroin - Bail - Recovery effected is marginally higher than commercial quantity - Petitioner is in custody since Oct 2020 - He is not involved in any other case under the Act - Investigation is complete and conclusion of trial is..........
Criminal Procedure Code, 1973, Section 87, 170, 173 -- Non-bailable warrants of arrest - Where custody of accused not required during period of investigation, it is appropriate that accused is released on bail as circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail...........
