Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Accused in jail for more than one year before being released on bail and has also compensated the complainant - Complainant in compliance of the order has also deposited an additional amount of Rs.10 lakhs - There is no purpose now to keep the proceedings pending in appeal before..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be granted merely on the ground that co-accused had been granted bail that too without even noticing the facts in detail, particularly when accused were specifically named in the FIR - Bail granted to accused cancelled...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for the last 1 year, 1 month and 11 days - Although he is involved in one more case, but that does not pertains to NDPS Act - Out of 18 witnesses as cited by prosecution, not even a single witness has been examined..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Information Technology Act, 2000, Section 67 -- Bail - Rape - Arguments by counsel of accused not satisfactorily refuted by AGA from the record - Applicant is entitled for grant of bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail accused directed to deposit Rs.2.5 crores with 10% simple interest every year - Condition imposed is not sustainable and same quashed...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Investigation was incomplete on the day application u/s 167(2) Cr.P.C. was filed - Accused deserves to be enlarged on bail - Default bail granted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Anticipatory bail application is maintainable even after issuance of notice of appearance u/s 41-A Cr.P.C, as apprehension of arrest exists...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000/- - Condition so imposed by High Court is totally alien to principles governing bail..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of bail on the basis of parity is not a claim of right - While applying principle of parity, Court is required to focus on the role attached to accused whose application is under consideration...........
