Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354B, 323, 34 -- Anticipatory bail - Outraging modesty of woman - Case of version and cross-version - Each party supports its own case by way of oral evidence and truth of allegations will be determined only during trial of case - No recovery is to be effected from petitioners - There is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - S.37 NDPS Act does not create absolute bar but only create some rigid restrictions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 438 -- Contraband - S.37 NDPS Act only uses the expression `bail, therefore, restrictions u/s 37 of the Act apply to regular bail as well as to anticipatory bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - Prima facie indicate that contraband was in possession of accused/petitioner and it was sold to first accused - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37(1)(b)(ii), Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - In the instant case, there is sufficient material to indicate complicity of petitioner in crime - Even, there is no reasonable ground for believing that he is not guilty..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Court while considering application for bail is not required to record a finding of not guilty...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cow slaughter - Question of identity of petitioner is based on hearsay and thus a debatable issue having been arisen over its acceptability and legality, together with the fact that recovery, if any, has already been effected and that nothing more is to be recovered from petitioner - Moreover, joining the..........
Criminal Procedure Code, 1973, Section 202 -- Complaint case exclusively triable by Court of Sessions - All listed witnesses need not to be examined - Complainant can produce all his witnesses which means those witnesses on whom complainant repose confidence...........
Criminal Procedure Code, 1973, Section 311 -- Complaint case exclusively triable by Court of Sessions - All listed witnesses not examined before committal - Examination of omitted witnesses - Sessions Judge can examine omitted witnesses or any other person as a witness in terms of S.311 Cr.P.C only as a Court witness, if in his view evidence of such witness is essential to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adjustment of amount awarded under other provisions of law - Adjustment is permissible and can be allowed of lower amount against higher amount - Though wife can simultaneously claim maintenance under different enactments, it does not in any way mean that husband can be made liable to pay maintenance..........
