Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Bail - Offence u/ss 18/20 NDPS Act - 200 gms. of opium found in possession of applicant - Mandatory provisions of Act not complied with - No independent witness of the alleged recovery - In view of facts and circumstances of case bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Grant of bail with directions - Validity of - Appellant, RBI is aggrieved by order whereby a direction has been issued by single judge while granting bail to accused that depositors who had made deposits of less than Rs.10,000/- should have their deposits released as and when funds were received by respondent No.3-Cooperative..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Juvenile - Offence u/s 376 IPC - No evidence that juvenile will come in contact with known criminals - Bail granted subject to supervision of District Probation Officer...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Application for - Rejection of - Validity - Order of rejection was passed on merit and not because petitioners without appearing in Court moved such application - Held, order of rejection liable to be set aside - Order of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses for cross examination - Witnesses not cross examined earlier despite sufficient opportunity - Proper course was to cancel bail and not to close the opportunity of cross examination - One more opportunity granted for cross examination of the witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 21, Criminal Procedure Code, 1973, Section 432, 433 -- Conviction u/s 21 of NDPS Act and accused sentenced to 12 years RI - Accused served sentence of more than 12 years including remissions granted by Government u/ss 432 & 433 Cr.P.C. - Held, accused is not entitled to release - Benefit of remission cannot..........
Criminal Procedure Code, 1973, Section 439, Constitution of India, 1950, Article 225 -- M.P. High Court Rules, 2008, Rules 15 and 22 - Listing of second bail application before Bench which heard earlier bail application - Held, not barred under Rule 22 which enables the Chief Justice to direct a particular case or cases or a particular class or classes of cases to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 427, 147, 148, 149, Arms Act, 1959, Section 3, 25 -- Bail - Offence u/ss 302, 307, 323, 427, 147, 148, 149 IPC & S.3/25 Arms Act - Third application - Main accused released on bail on second application - Looking to the accusation against the present petitioner, no useful purpose..........
Criminal Procedure Code, 1973, Section 437, 439 -- Review of order of cancellation of bail by Supreme Court - Exemption from arrest also sought - Held, accused ought to have surrendered or taken in custody because of cancellation of bail - Review petition dismissed with direction to CBI to execute order of Court forthwith...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 213, 217, Prevention of Corruption Act, 1988, Section 7, 10 -- Anticipatory bail - Corruption case - FIR lodged that accused, a police officer took illegal gratification to hush up a theft case - Accused sought anticipatory bail and same declined - Held, nature of crime, warrants, custodial..........
