Criminal Procedure Code, 1973, Section 87, 204(1)(b) -- Non-bailable warrants - Merely for the reason that accused were absconding during period of investigation after filing final report unless reasons are recorded, warrant of arrest cannot be issued...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Transportation of 26 kgs Ganja - Accused/helper was found on truck containing contraband and he did not make any attempt to abscond - Owner of truck is absconding and driver of truck had made an attempt to flee - Accused is first time offender and he was 22/23 years of age at the time of incident..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 341 -- Bail - Appeal against order granting bail - Offence u/ss 307, 324, 341 IPC - Bail granted to accused on the ground that is in custody for about 75 days without even considering materials on record which prima facie made out reasonable grounds to believe that accused had committed..........
Indian Penal Code, 1860, Section 366, 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix a major girl - She had eloped with accused number of times and both made physical relations - Prosecutrix visited several places with accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Materials available on record in the shape of evidence of PWs 2 to 6 does not establish circumstances on which prosecution relies upon and cannot be held that prosecution has proved its case beyond reasonable doubt - Circumstance of accused absconding after commission of crime also not proved -..........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Ought not to be entertained, more so, when case diary and status report clearly indicated that accused is absconding and not cooperating with investigation...........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Not to be entertained, particularly when case diary and status report, clearly indicated that accused is absconding and not cooperating with investigation...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 427, 147, 148, 149, Arms Act, 1959, Section 3, 25 -- Cancellation of anticipatory bail - Murder - FIR is registered against accused for intimidating and threatening witnesses - Even, after grant of bail, another FIR registered against accused u/ss 384, 387, 379 IPC - Accused though..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 148, 149 -- Anticipatory bail - Cannot be granted to an accused who is absconding...........
Absconding accused -- Publication of name of absconding accused on social media - Direction issued viz - Name of absconding accused allowed to be published on social media via internet etc. - But as regards entries and continuation of names of accused persons in surveillance registers maintained in police stations, directions issued in Malak Singh's case, be complied..........
