Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Refused for non recording of formal arrest - Production of accused before Magistrate in terms of production warrant - Can be treated as `brought before Court' for the purpose of entertaining bail application u/s 437 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Refusal for non recording of formal arrest - The laxity, refusal or inability of I.O. to make formal arrest of accused who is in judicial custody in another case, cannot take away the right of accused to apply for bail and it is enough if his presence before Court is secured so that he could be treated as having..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Grant of - Petitioner alleged to have committed offences u/ss 420, 120-B, IPC and Ss.7, 13 of Prevention of Corruption Act - Allegations against petitioner, Ex-Minister and Chief Minister of State extremely serious in nature in view of post held by him - May be till date prosecution has been able to collect evidence that..........
Criminal Procedure Code, 1973, Section 437 -- Murder - Bail - Grant of - Factors to be taken into account - Held, grant of bail to some accused cannot be a sole ground to grant bail to other accused in a case - Nature of offence, role played by accused, manner in which offence was committed, nature of evidence, possibility of threatening witnesses, alleged involvement in..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Right of accused u/s 437 (6) of the Code is not an absolute right - Discretion vests with Magistrate which he will exercise keeping in view the nature and gravity of offence, prima facie case, the manner in which it is alleged to have been committed, the role and prima facie material suggesting the involvement of..........
Criminal Procedure Code, 1973, Section 437, 438 -- Anticipatory bail - Incident of murder took place 25 years ago - During this period investigating agency did not deem it proper to arrest accused - No allegation that accused threatened or influenced any witness - Held, accused entitled to anticipatory bail - It is immaterial if the charge sheet has been submitted in the..........
Criminal Procedure Code, 1973, Section 437(1)(i), 438 -- Murder case - Charge sheet put up in the court - Maintainability of anticipatory bail application in the High Court - Held, application is maintainable - In murder case Magistrate in whose court charge sheet is submitted is not empowered to grant bail - If accused appears before the Magistrate, they are bound to be..........
Criminal Procedure Code, 1973, Section 437 -- Bail on ground of parity - Co-accused already granted bail - Second bail application - No change in factual situation after dismissal of first bail application - Petitioner played major role in causing death of deceased who initiated fight and gave fist blow to the deceased on his head - Held, case of petitioner accused is on..........
Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 406, 420 -- Bail - Offence u/ss 406, 420 IPC - Evidence not concluded within 60 days after the first date of recording of evidence of prosecution - Delay not attributable to accused - Accused remained in custody during all this period - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, Criminal Procedure Code, 1973, Section 437 -- Bail - Offence u/ss 8/20 NDPS Act - Recovery of charas - Actual weight of charas not ascertained by seizing officer - Report of chemical analysis not yet received - Nothing stated as to how the sample was taken either by the seizing officer or by the I.O...........
