Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Granted with liberty to renew the prayer for bail after one year of framing of charges - High Court while granting liberty to renew prayer for bail could not have imposed such a condition and ought to have permitted filing of fresh bail application after charges are framed - Now charges have been framed,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483 -- Anticipatory bail/bail - Whenever a Court considers an application for anticipatory bail/bail, it is a composite order and one portion cannot be segregated from the other...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Second bail application - Maintainability - Once order declining bail is passed on merits, remedy before petitioner was to challenge it before Supreme Court and not to file a similar petition by annexing the order and concealing thereof - Second bail application on merits is not maintainable...........
Prevention of Money Laundering Act, 2003, Section 45 -- Bail - Conditions enumerated u/s 45 of the Act have to be duly taken into account by Court while considering bail application of accused - Prayer of accused for bail was rejected on the ground that prosecution side never produced charge sheeted accused before Court under arrest - However, order denying bail did but..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Violation of bail condition - Accused applied for employment/residence visa - Accused-1 obeyed condition-1 of bail order by surrendering his passport and thereafter got his passport released for short visit to Dubai by filling application before Trial Court and subsequently re-surrendered his passport..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Magistrate cancelled bail granted by HC u/s 439 Cr.P.C - However, bail order specifically provided, in case of violation of bail conditions, prosecution can move for cancellation of bail before Jurisdictional Court - Though application was filled by quoting S.439(2) Cr.P.C,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot grant compensation to accused for wrongful confinement in a bail application u/s 439 Cr.P.C, as jurisdiction conferred upon a Court u/s 439 Cr.P.C is limited to grant or refusal of bail pending trial...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Contraband - Investigation is complete and charge sheet has been filed - Case is now fixed for PWs - Applicant has not even whispered about registration of two cases against him under NDPS Act - In such situation, stand of police qua..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 302, 201, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442 -- Bail - It is well-settled that bail is the rule, and jail is the exception - When a revision application challenging the order of discharge is admitted for hearing, the High Court may exercise power under Section 390..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Prima facie opinion is to be formed by Court while deciding a bail application - However, it is not binding on trial Court at the time of final hearing nor it is binding on I.O. debarring the collection of further investigation...........
