Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - Duty to record reasons is significant safeguard which ensures that discretion which is entrusted to Court is exercised in a judicious manner - Succession of orders of granting of bail by recording that `respective parties do not press for further reasoned order' without recording any..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - High Court while granting bail to accused persons overlooked the cross FIR lodged by A-6 - Post mortem reports indicate that extensive nature of bodily injuries were sustained by each of five deceased - Whether deaths occurred as a result of bullet wounds or otherwise can make no..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on medical grounds - Guidelines issued: (i) Medical reports from Jail Hospital must clearly state history, examination findings and clinical diagnosis, interpretation of diagnosis in simpler terms for Judges to understand following: (a) What is the diagnosis?: (b) Whether it can be simply treated by giving..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Accused has right to make successive applications for grant of bail - But Court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail applications were rejected...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Appeal against order granting bail - Brutal murder of son of complainant committed by accused - Postmortem report of deceased would indicate as many as eight ante mortem injuries - Bail granted having regard to the larger mandate of Art.21 of the Constitution - Though protection of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Extraordinary situation happening due to pandemic cannot be a ground to grant bail to accused in the case which is otherwise at its initial stage...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Allegations against accused yet to be proved - Certain facts qua discrepancy in statement of prosecutrix have come on record - Whether those facts are material or not will be proved during trial - However, keeping in view of facts and circumstances of case, as trial is likely..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25, Unlawful Activities (Prevention) Act, 1967, Section 10, 3, 15, 16, 17, 18, 18B -- Bail - Offence u/s 25 of Arms Act and Ss.10, 3, 15, 16, 17, 18, 18-B of Unlawful Activities Act - Petitioner was not named in FIR and was only roped on basis of disclosure statement of co-accused - Such statement is yet..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 20(b)(ii)(C), 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 20(b)(ii)(c), 25, 27-A & 29 of NDPS Act - Bail - Extension of period of investigation - Must be after complying principle of natural justice and after providing fair opportunity to accused to have his say and oppose the..........
