Criminal Procedure Code, 1973, Section 389 -- Temporary suspension of sentence - Medical ground - Applicant was suffering from serious ailment - Two medical boards opined for surgery and hospitalization - He was in severe pain and if surgery was not conducted, it would lead to paralysis of lower body - Held, jail sentence suspended temporarily and appellant released on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 274, 275, 276, 420, 120B, Trade Marks Act, 1940, Section 103, 104, Drugs and Cosmetics Act, 1940, Section 17B, 27 -- Bail - Offence u/ss 274, 275, 276, 420, 120-B IPC, Ss.103, 104 Trade Marks act & Ss.17-B, 27 of Drugs and Cosmetics Act - Nature and gravity of the accusation and severity of the..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No absolute rule that bail once granted can be cancelled only if there is likelihood of misuse of bail - That factor, though no doubt important, is not the only factor - There are several other factors which may be seen while deciding to cancel the bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Main object of bail is to secure the appearance of the accused person at trial and it is neither punitive nor preventative...........
Criminal Procedure Code, 1973, Section 439 -- Bail - An accused is not detained in custody with the object of punishing him on the assumption of his guilt...........
Criminal Procedure Code, 1973, Section 439 -- Bail - It is cardinal rule, while deciding bail, Court is not required to consider technical questions...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Investigation almost complete - Trial may take considerable time - If under-trials are allowed to be detained in judicial custody for an indefinite period, Article 21 of the Constitution of India is violated - Bail granted...........
Prevention of Corruption Act, 1988, Section 7, Criminal Procedure Code, 1973, Section 439 -- Bribery case - SSP - Bail - Petitioner will not be in a position to tamper with the evidence specifically when he is under suspension - No apprehension of fleeing from the process of law - There can be no tampering with the evidence more so when the substantive evidence happens to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 429, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Bail - FIR registered in pursuance of order of S.P. on application made by informant regarding incident dated 26.4.2012 - Held, such inordinate delay in lodging FIR entitles the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Rape - Bail - Mere standing of applicant along with other persons outside the house wherein incident was committed - Does not constitute any offence against accused who is not said to have done any overt act - Bail granted...........
