Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 34 -- Bail - Murder case - High Court while granting bail has not applied its mind - Consideration as recorded by High Court are good enough for denial of bail - Trial not yet concluded - Only 3 out of 13 witnesses examined - Bail application rejected - However, it will..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 200 tablets of Carisoma - Contraband shown to have been recovered from 2 accused persons as the carry bag containing said substance fell down on earth and was intermixed - All witnesses are official witnesses and there..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 61, 85 -- Bail - Offence u/ss 21, 22, 61, 85 NDPS Act - Recovery of 360 strips of alprozolam digifresh, 160 strips of alprozolam tensiwin and 96 strips of alprozolam alpoze tablets were recovered from alto car which was driven by petitioner and not from..........
Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Quashing of proceedings - Dispute amicably resolved whereby parties were to approach for obtaining decree of divorce and also to seek quashing of criminal case - Allowing continuance of criminal action would be fruitless and clearly an abuse of judicial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354 -- Rape - Anticipatory bail - Allegation by prosecutrix-teacher that petitioner-school owner ravished her on various occasions - Innumerable criminal and civil litigation pending between management of school and its staff members - FIR registered on the very day when services of..........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Non-compliance of order passed in civil proceedings, cannot be made basis of cancellation of bail in a criminal case, particularly when said order is under challenge in Supreme Court and contempt proceedings were already initiated against accused...........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Power of cancellation of bail has to be exercised with care and caution as it is power of extraordinary nature, as Courts have been empowered to cancel bail granted by it despite statutory bar u/s 362 Cr.P.C to alter or review its decision...........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Accused not violated any condition imposed upon him at the time of enlarging him on bail - Bail cancelled for no, deposit of amount as directed by High Court - Non-payment of amount directed to be deposited by accused in writ petition, cannot be considered as cancellation of bail by exercising power..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Cruelty - Investigation of case is complete - Trial Court yet to take a call on report filed by police - Petitioners had already been in jail around a year - Bail granted...........
