Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4) -- Bail - When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, power to grant bail should necessarily be subject to satisfaction of conditions mentioned..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appreciation of materials on record for the purpose of forming a definite opinion with respect to question as to whether an accused person had played roles or not, in the crime concerned, is not permissible while considering an application for grant of bail...........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Presence of informant or any person authorised by him or her is obligatory at the time of hearing of application for bail in an offence u/s 376(3), 376AB or S.376DA or S.376DB of IPC...........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money Laundering - Appellants are in custody for about one year and one month - Charge has not been framed - 29 witnesses have been cited and about 50 documents are relied upon which run into 4000 pages approximately - Trial is not likely to commence as even charges..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere fact that there are few discrepancies in the FIR compared to statement of victim recorded u/s 164 Cr.P.C, same is not a good ground to exercise discretion in favour of an accused in a serious offence like rape...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342 -- Bail - Rape - Victim is yet to be examined - Mother of victim who is an eye witness to the incident has also not been examined so far - Without disturbing the order of bail granted by High Court, respondent/accused directed not to enter the said village where victim and her mother are..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489A, 489B, 489C, 34 -- Bail - Offence u/ss 489-A, 489-B, 489-C, 34 IPC - Six counterfeit currency notes of Rs.500 are subject matter of offence - Appellant has been incarcerated for two and a half years - There are no antecedents of appellant - Trial is not likely to conclude in a reasonable time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Question as to non-compliance of mandatory provisions of NDPS Act and other lacunas in the investigation have direct bearing on the merits of case, which cannot be looked into at this stage while deciding a bail petition filed u/s 439 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery of 260 grms of heroin effected from him and 500 grms of opium was also recovered from dashboard of car - Quantity of recovered contraband falls under commercial quantity - Rigors of S.37 of NDPS Act would certainly be..........
