Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 29, 25, 37A, Criminal Procedure Code, 1973, Section 374, 386 -- Recovery of 53 Kg. heroin - Conviction - Bail during pendency of appeal - No reasonable ground for believing that accused are not guilty of the offences for which they are convicted - Bail declined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 29, 25, 37A, Criminal Procedure Code, 1973, Section 374, 386 -- Recovery of 53 Kg. heroin - Conviction - Bail during pendency of appeal - Plea that trial of accused stood vitiated on account of samples from the seized contraband articles having not been drawn in accordance with the prescribed procedure and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Default bail - Recovery of 165 kg. of Ganja - Charge sheet not filed within a period of 180 days - Bail denied on ground that delay well explained due to non receipt of report from FSL and owner of vehicle not traceable - Period of detention can be extended..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6(2), Indian Penal Code, 1860, Section 342, 364, 363, 366, 506, 302, 201 -- Juvenile - Bail - Offence u/ss 342, 364, 363, 366, 506, 302 & 201 IPC - Accused declared a juvenile - Bail application filed by accused forwarded to Juvenile Justice Board for disposal - Plea of accused that Sessions Judge is..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Court unable to hear appeal in near future - By itself not a ground to grant bail - Application for bail to be considered on its own merits - Bail when granted Court has to give reasons therefor...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Successive bail applications - Charge of murder - If there is some material change in fact situation and not mere cosmetic change, then successive bail applications are maintainable - Supreme Court having granted stay on further trial in view of reference made to a larger bench in matter concerning case was not a changed..........
Criminal Procedure Code, 1973, Section 439, 167(2) -- Grant of bail - Imposition of conditions - Modification thereof - Bail granted u/s 167(2) - Condition in bail order to make a cash security deposit of Rs.20,000/- Legality of - Held, imposing such a condition to an accused, who has no financial capacity to make deposit, would tantamount to denial of statutory bail - It..........
Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Condition to get sureties with solvency certificate - Failure thereto - Held, an accused who cannot get sureties with solvency certificate shall not be denied bail on that ground - What is to be assured is presence of accused for purpose of investigation and trial - If that could be assured by other means, there..........
Indian Penal Code, 1860, Section 332, 353, 506, 34, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioners joined investigation and that they are no more required for any custodial interrogation - There are no allegations on behalf of State that petitioners are likely to abscond or that they are likely to dissuade witnesses from deposing..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Offence of cheating - Anticipatory bail - There are no allegations on behalf of State that petitioners are likely to abscond or that they are likely to dissuade witnesses from deposing true facts in court if released on bail - Bail granted...........
