Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21, 22 -- Bail - Recovery of huge commercial quantity of Narcotic Drugs - Plea of false implication - No motive attributed - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Condition of furnishing of surety bond - Dispensing of - Petitioner being a foreigner has not been able to get any surety - Held, condition of furnishing of surety bond by petitioner imposed by trial Court dispensed with - Petitioner ordered to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Grounds set out for refusal of bail on behalf of prosecution appears to be quite unjustified and flimsy - Allegations of tampering of evidence also do not appear to be so grave and serious as has been made out - On a perusal of case diary, it is found that no reason has been recorded as to why..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Allowed with condition that bail bond be attested only if no other criminal case is pending against accused - Condition imposed not reasonable - Bail can be refused if accused is habitual offender - Condition imposed set aside...........
Criminal Procedure Code, 1973, Section 167(2) -- Application for statutory bail as charge sheet not filed within time - Prosecution seeking extension of time, for continuing the investigation, thereafter - Held, right of accused for grant of statutory bail remains unaffected...........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 16, 18 -- Crpc As amended by virtue of S.43D of the Unlawful Activities (Prevention) Act, 1967 - Period of 90 days stipulated for investigation - Court can extend it to 180 days - In the event charge sheet is not filed even within the extended period of 180 days, accused is..........
Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4), 3(1)(i), (2), (4), 4, Indian Penal Code, 1860, Section 302, 120B -- Grant of bail - Recording of reasons - Held, recording of satisfaction on both the aspects mentioned in clauses (a) and (b) of S.21(4) is sine qua non for granting bail under MCOCA...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail can be cancelled if order granting bail suffers from serious infirmities resulting in miscarriage of justice - If Court granting bail ignores relevant materials indicating prima facie involvement of accused or takes into account irrelevant material, which has no relevance to the question of grant..........
Criminal Procedure Code, 1973, Section 439(2), 164 -- Cancellation of bail - Statement u/s 164 Cr.P.C. - Are relevant considerations for grant of bail when statement recorded u/s 164 Cr.P.C. indicate involvement of accused in the crime in question - High Court ought not to have ignored those statements...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail cannot be granted merely on the ground that accused is not likely to flee from justice or after release on bail he has not tried to tamper with the evidence - There is no reason why a legally infirm and untenable order passed in arbitrary exercise of discretion releasing the accused involved in a..........
