Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A, 34 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Custodial interrogation of petitioner sought only for recovery of Istridhan - Recovery to be made of Istridhan alone not a reason to deny anticipatory bail - Anticipatory bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 30, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 2.770 kg heroin - Accused not involved in any other case prior to this case - He is in custody for he last more than three years - Conclusion of trial will take time - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 78(2) -- Anticipatory bail - Recovery of illicit liquor - Petitioner arraigned as an accused on an alleged disclosure made in police custody - No other criminal case is registered against petitioner - Without commenting on merits of case, anticipatory bail held, granted to petitioner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 408 Tramadol Capsules - Bail - Recovery effected is just a little below commercial quantity - Challan against petitioner has already been submitted - Trial is yet to commence - Petitioner is a woman and remained in detention for 3 months 20 days -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Accused in pursuance of orders of High Court joined investigation - Accused alleged not co-operating with the investigation process as amount of money is yet to be recovered but recovery of amount, in case of financial dispute between parties, is not a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 61, 58, Criminal Procedure Code, 1973, Section 439 -- Recovery of 270 gms of heroin - Bail - It would be strange that contraband would be randomly planted on any person coming in a vehicle without there being any enmity shown between any particular police officer and petitioner looking at the fact..........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 376, 506 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - FIR was lodged initially u/s 294 IPC and S.376 IPC was added later on - No internal and external injury was found on person of prosecutrix as per her medical report - Hymen was found old torn..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Quashing of order granting bail - Plea of accused that he has not misused liberty shown to him while releasing him on bail, therefore order granting bail may not be quashed - Quashing and setting aside wrong order releasing accused on bail and to cancel the bail of accused on misuse of liberty etc., both stand on..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 384, 386, 387, 34, Maharashtra Control of Organised Crime Act, 1999, Section 3(1)(ii), 3(2), 3(4), 3(5) -- Bail - Quashing of order granting bail - Offence u/ss 384, 386, 387, 34 IPC and Ss.3(1)(ii), 3(2), 3(4), 3(5) of MCOCA Act - Allegation against accused are very serious in nature - High..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 408, 467, 468, 471, 120B -- Bail - Cheating - Petitioner is involved in crime because she is mother of prime accused - Name of petitioner is not in the FIR - Only allegation against petitioner is that accused transferred Rs.17,624 to account of petitioner - Without commenting on merits of..........