Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 354, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Demand of dowry - Charge-sheet has been filed in the matter - Accused have been cooperative during the course of investigation - I.O did not find any ground to arrest them during the course of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time - Accused cannot claim default bail on the ground of non filing of sanction order...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet if filed without completing the investigation does not extinguish the right to default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Law as to : (a) Without completing the investigation of a case, a charge-sheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail u/s 167(2) Cr.P.C.; (b) Such a charge-sheet, if filed by an investigating authority without first..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Ganja seeds - No specific allegation that Ganja seeds were supplied by petitioner to other person with an intention to receive back grown Ganja after cultivation - However, material on record shows that petitioner can be said to have..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2) -- Bail - Rape - Accused has been in incarceration for more than 8 months - Charge sheet has been filed - Trial Court has not yet framed charges and trial has not commenced - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 39, 40 -- Bail - Offence u/ss 39, 40 of UAPA - Prima facie there is no satisfaction that acts which are committed by accused have been committed with intention to further the activity of a terrorist organization - It is not the case of accused that they did not make the payment..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused neither challenged the first extension which was granted in his absence nor challenged the second extension granted in his presence - Therefore, when charge sheet was filed within period of second extension, accused not entitled to be released on default bail - Default bail application rightly..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Submission of charge sheet before Court Sub-Inspector is not the same thing as submission before Court, because once it is filed, it is to be taken on record by passing a judicial order...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If accused avail their independent right of default bail before charge sheet/final report is filed, then such right would not stand frustrated or extinguished by any such subsequent filing...........
