Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Preventive detention - Accused in judicial custody in an offence under NDPS Act - Detaining Authority passing order of detention on ground that accused was likely to be released on bail - Order set aside as Detaining..........
Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(2) -- Preventive detention - Detenu in custody - Detention order can be validly passed despite the detenue being in custody when : (1) authority passing the order is aware of the fact that he is actually in custody; (2) authority had a reason to believe on the basis of reliable material..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 12, 13(1)(d), 13(2), Karnataka Control of Organised Crimes Act, 2000, Section 3, 4, 25 -- Bail - Offence u/ss 7, 12, 13(1)(d) r/w S.13(2) Prevention of Corruption Act and Ss.3, 4 & 25 of Karnataka Act - Accused in jail for more than three years - Case under trial - 256 witnesses..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 304B, 34 -- Anticipatory bail - Dowry death - Married sisters - Being married sisters, petitioners would in all probability not be the beneficiaries of any dowry - 1st Petitioner a school teacher was at school at the time of incident - No evidence that second petitioner was in the house of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 376, 420, 511, 120-B IPC - Case under police investigation - Offences flowing from private dealings between prosecutrix and accused - Anticipatory bail granted without expressing any opinion on the merits of the case...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Murder - Fatal injuries caused by two other accused - Petitioner alleged to be armed with lathi - Trial in the case likely to take some time - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), 309(2) -- Accused absconding - Charge sheet filed - Court taking cognizance - Non bailable warrants issued - Accused arrested and remanded to police custody for further investigation - Accused not entitled to bail u/s 167(2) Cr.P.C. even when no further challan was put up by police...........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Charge sheet not filed within 60/90 days - Accused is entitled to bail - This right is not available when charge sheet is filed - This right does not revive when further investigation remains pending within meaning of S.173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused a habitual offender - Without expressing any opinion on the merits of the case and taking into consideration the over all facts and circumstances of the case, bail refused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused in custody since 13th of July, 2007 - Only one injury caused on head by petitioner and co-accused - While considering application of co-accused for bail it was argued on behalf of prosecution that it was co-accused who inflicted the injury - Bail granted without going into merits of the case...........