Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If application filed by prosecution seeking extension in time to complete investigation filed in prior in point of time is pending when application u/s 167(2) Cr.P.C is filed by accused, accused cannot claim an indefeasible right to be released on bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Prosecution filed application seeking extension of time to complete investigation prior to application for default bail filed by accused - Sessions Judge decided both the applications on same day - Consequently, application of prosecution was allowed and application of accused for default bail dismissed - Said..........
Criminal Procedure Code, 1973, Section 438, 482 -- Anticipatory bail - Dismissal of application - Power of High Court to grant further relief - Accused granted 90 days time to surrender before trial Court and to seek regular bail and granted protection from coercive action for the said period - Even when Court is not inclined to grant anticipatory bail to an accused, there..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366A, 376, 370, 342, 34, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Material contradictions were found in statement of prosecutrix recorded u/s 161 Cr.P.C on various dates and also her statement before doctor recorded in MLC - Prosecutrix was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20.5 kg Ganja Patti - Bail - Petitioner is behind bars since last about 9 months and is not stated to be involved in any other case - Bail granted to accused particularly on basis of parity, as co-accused have already been granted bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cannot be granted with generalised observations and without adverting to the relevant considerations and material circumstances of the case...........
Prevention of Money Laundering Act, 2003, Section 3, 4, Criminal Procedure Code, 1973, Section 439 -- Bail - Money laundering - Accused faced trial in offences under Prevention of Corruption Act and his appeal remains pending - Looking to nature of case and witnesses to be examined, trial is to take time - Accused is in custody since 27.11.2019 - Moreso, properties of..........
Indian Penal Code, 1860, Section 124A, 153A, 505, 120B, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 124-A, 153-A, 505, 120-B IPC - Accused may have been ill treated while in police custody as per Medical Board of Army Hospital - Charges against accused are not such in which custodial interrogation would be required, as all statements made by accused..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court while considering an application for bail must not go into deep into merits of matter such as question of credibility and reliability of PWs which can only be tested during trial...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 452, 506 -- Bail - Unnatural offence - Dispute for exchange of money - Prima facie accused and victim were in consensual relationship for a period of 2 years - There are applications for lodging FIRs against each other - Accused is in jail since 13.1.21 - Considering material on record,..........
