Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 324, 325, 148, 149, 506, 427 -- Anticipatory bail - Offence u/ss 452, 324, 325, 148, 149, 506, 427 IPC - Petitioner is attributed a `simple injury' only and it is not a case that a large number of injuries have been caused to complainant - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, Punjab Prevention of Human Smuggling Act, 2012, Section 13 -- Anticipatory bail - Offence u/s 420 IPC and S.13 of Punjab Prevention of Human Smuggling Act - Accused has no reference in FIR - Even, there is no allegations to the effect that any part of the amount was ever handed to petitioner..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/ss.22, 29 NDPS Act - Recovery of 260 grams of heroin from dashboard of car - It would certainly be debatable as to whether petitioner can be attributed conscious possession of the contraband - Even, trial has recently commenced and conclusion..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18, Criminal Procedure Code, 1973, Section 439 -- Recovery of 320 gms opium and poppy straw weighing 14 kg 400 gms - Recovery effected below commercial quantity - Without expressing any opinion on merits bail granted...........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 153A, 120B, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 43D(2)(b) - - Offence u/ss 302, 153-A, 120-B IPC and Ss.16, 18 of 1967 Act - Specific reason assigned by Public prosecutor fulfilling the mandate and requirement of S.43-D(2)(b) of 1967 Act and said fact was considered..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - As per the case of prosecution, petitioner given a severe blow to old age person of 71 years, but the fact remains that there is cross version also and a private complaint to that effect is pending before the Court of competent jurisdiction - Out of total 14..........
Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - To be heard by same judge who had disposed of first bail application in case he is available...........
Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed that accused is at liberty to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 137 kg 300 gm opium - Accused has suffered incarceration of nearly 5 years - No other case for offence under NDPS Act is registered against him - Though, quantity of recovered opium is quit heavy, but indefinite/prolonged incarceration of an accused without trial cannot be permitted, more so, when prosecuting..........
