Criminal Procedure Code, 1973, Section 167 -- Bail on default - Petitioner arrested u/s 20(B) of NDPS Act when 10.400 kg. ganja recovered from him - Offence punishable with imprisonment upto 10 years - Case covered by Section 167(2)(a)(ii) - Accused would be entitled to be released on bail if the investigation is not completed and charge sheet is not filed within 60 days -..........
Criminal Procedure Code, 1973, Section 439 -- Third bail application - Applicant not named in FIR - No direct evidence against the applicant - Only evidence against applicant is the statement of co-accused whose statement was recorded under police custody - Applicant has got no previous criminal history who is in jail since last more than six months - Bail granted in view..........
Criminal Procedure Code, 1973, Section 439 -- Regular bail - Attack on the life of Professor as a terrorist activity - Motive alleged for the assault is that Professor while setting paper for internal examination incorporated question ridiculing prophet Mohammed and Islam - All accused conspired to take revenge against Professor by attacking his house or killing him on or..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cross cases as both the parties i.e. complainant side and accused side got injuries - Bail granted without expressing any opinion about the final merits of the case...........
Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3, 2(c) -- Preventive detention - Accused already in judicial custody - Detention order passed on the ground that there is every likelihood of accused managing to get bail and abscond thereafter - Detention order passed without recording requisite satisfaction..........
Protection of Women from Domestic Violence Act, 2005, Section 12 -- Maintenance - Prima facie no evidence that husband was employed in India - Passport of husband was seized and he was not permitted to leave country (bail was given with a condition that he shall keep visiting Investigating Officer as and when called) - Held, fixing of maintenance by Court is contrary to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - FIR lodged on allegations of kidnapping - Nothing to indicate and suggest that material record was omitted or irrelevant material taken into consideration while granting bail - No allegation that accused ever misused concession of bail ever since his release more than a year - Held, not a fit case for..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 48, 12(1) -- Juvenile Justice (Care & Protection of Children), Rules, 2007, Rule 9, Constitution of India, Article 21 and 226 - Death of a juvenile in custody due to neglect/failure to treat for T.B. disease - Neither policy party nor Observation Home took any concrete steps to have the juvenile treated..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 4 -- Juvenile Justice (Care & Protection of Children), Rules, 2007, Rule 9 - Juvenile - Bail - Application of mind has to be by Juvenile Justice Board and not by Principal Magistrate of Board only...........
Criminal Procedure Code, 1973, Section 438(4) -- Anticipatory bail - Presence of accused at the time of final hearing of bail application - Held, necessary if interim protection was given to him...........
