Criminal Procedure Code, 1973, Section 439 - - Anticipatory bail - Petitioner is alleged to have sold 7 drums of Kerosene oil in violation of terms of licence - Recoveries already been made - Petitioner has already joined investigation - Held, petitioner can be granted concession of pre-arrest bail subject to certain conditions - Order accordingly...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 32A, Criminal Procedure Code, 1973, Section 482 -- Accused convicted u/s 18 of NDPS Act and sentenced to 10 years R.I. - Pre-mature release on ground of remissions granted by Government - Accused not entitled to remissions in view of bar contained in S.32-A of the Act - However, accused directed to be..........
Contempt of Courts Act, 1971, Section 15(2) -- Contempt against Judicial Officer - Petition for initiation of contempt proceedings against judicial officer for taking applicant in custody while disposing regular bail application ignoring the protective order - Motion was not made by Advocate General nor petition was filed with consent in writing of Advocate General -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 201, 406, 420 -- Second bail application - Offence u/ss 120-B, 201, 406 and 420 IPC - No material to connect petitioner for commission of offence u/ss 420 & 406 IPC - Petitioner not named in the FIR and nobody has made allegation for booking and receipt of money by him - Keeping in view the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Among other circumstances, the factors to be borne in mind while considering an application for bail are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction;..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence of heinous crime of killing an old helpless lady by strangulation - Three bail applications rejected by Additional Chief Judicial Magistrate - High Court granted bail even when charges not yet framed - It was not the stage at which bail should have been granted to the accused - Impugned order set aside - Bail..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(5) -- Proviso - Bail - Accused joined as member in the conspiracy arranged for facilitating terrorism and thereby waging war against the Nation and in furtherance of their common intention and knowledge, they along with the other accused aided and assisted in facilitating terrorism by attending the classes arranged..........
National Investigation Agency Act, 2008, Section 21(1)(4) -- Bail - Appeal against grant or rejection of application - To be heard by a Bench of two Judges - Such appeal not to be heard by a Single Judge...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Accused arrested in a corporate scam of commercial world causing judicial storm throughout the country and world over - Lacs of shareholders and others duped and the corporate credibility of the Nation received a serious setback - Bail granted by the High Court - Supreme Court cancelled bail - Held,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 34 -- Bail - Offence u/ss 307, 323/34, 324 IPC - Victim assaulted by axe and danda blow, lifted from the spot and thrown into a gutter - Medical report as to multiple fractures in the right parietal bone - No reason for false implication - Injuries sustained by victim dangerous to..........
