Criminal Procedure Code, 1973, Section 439 -- Bail application - Dismissal in default - Not permissible - In the event of non-appearance of prisoner's counsel, Court may appoint an amicus curiae to represent the prisoner and proceed with hearing of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 304, 411, 34 -- Bail - Offence u/ss 379-B, 304, 411, 34 IPC - Accused is in custody since 02.03.2022 - There is no likelihood of trial concluding in near future as 18 more PWs remain to be examined - Accused is not involved in any other criminal case - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Merely because other accused are acquitted, it cannot be a ground not to continue investigation against accused - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Rigours of S.45 of PML Act is applicable even with respect to application u/s 438 Cr.P.C - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - High Court while granting anticipatory bail to accused has not considered the nature of allegations and seriousness of offences alleged of money laundering - Enquiry/investigation is going on against accused with..........
Criminal Procedure Code, 1973, Section 439, 41A -- Bail - Non-compliance of the provision of S.41-A Cr.P.C, would entitle accused to be released on bail - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Delayed compliance of S.42 of the Act is acceptable - However, where there was a total non-compliance of S.42 of the Act, accused ought to be granted concession of regular bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - S.42 of the Act not complied with - Investigation of case is complete and challan has been presented - Out of 25 PWs none has been examined - Accused is not involved in any other case and trial of case is likely to take a considerable..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 36A(4) -- Default bail - Extension of time sought 20 minutes after filing of application for default bail - Order granting extension of time was quashed - No valid reason for denying valuable right for grant of `default bail' - Default bail allowed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Criteria for deciding entitlement for default bail is completion of investigation and not filing of final report - Minor defects in final report will not entitle accused to bail - In case final report is returned for completing the investigation and not resubmitted, after curing defects, within stipulated..........
