Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be denied to accused merely because co-accused who was released on bail has not surrendered...........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Bail application qua certain provisions of the offence under IPC - Anticipatory bail application qua offence under other provisions of IPC - This is misuse of process of Court - Accused should apply for bail under all sections and accused cannot be permitted to apply for bail in part, that too firstly getting..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money involved in NDPS case - Petitioner has been released on bail - Whether cash recovered from petitioner at the spot was a drug money or not has to be established and determined upon conclusion of trial - No contraband recovered from petitioner - In such circumstances lying of amount with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304A -- Bail - Rash and negligent driving - Accused who is doctor by profession, drove his car after consuming alcohol causing an accident which resulted in death of a person, a pregnant woman suffering miscarriage coupled with injuries to several persons - Argument with regard to vehicle getting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg 600 gms opium along with 1 Kg Poppy husk - Recovered quantity of opium is only marginally higher than non-commercial quantity - Investigation of case already stands concluded with filing of challan - Accused is behind the bars for..........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Accused cannot be released on bail in connection with scheduled offences under PML Act, merely because for predicated offences charge sheet might have been filed...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - High Court while granting bail to accused neither considered the rigour of S.45 of the Act nor has considered seriousness of offences alleged against accused for scheduled offences under the Act - Investigation by Enforcement Directorate for scheduled offences under PML Act is still going on - Order granting..........
Criminal Procedure Code, 1973, Section 436A -- Bail - Under trial prisoner - An under trial prisoner cannot be detained for a period more than one-half of the maximum punishment period of imprisonment specified in the offence in which he has been taken into custody and upon expiry of the said period, he has to be released by court on personal bond with or without sureties...........
Criminal Procedure Code, 1973, Section 436A -- Bail to under trials - Victim is avoiding to step into witness box - This conduct of victim is sufficient to entitle accused to concession of bail - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 436A -- Bail to under trials - Statutory right to bail granted to accused in terms of provision contained in S.436-A Cr.P.C, cannot be defeated by stating that despite best efforts, victim could not be traced...........
