Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3, 2(c) -- Preventive detention - Accused already in judicial custody - Detention order passed on the ground that there is every likelihood of accused managing to get bail and abscond thereafter - Detention order passed without recording requisite satisfaction..........
Protection of Women from Domestic Violence Act, 2005, Section 12 -- Maintenance - Prima facie no evidence that husband was employed in India - Passport of husband was seized and he was not permitted to leave country (bail was given with a condition that he shall keep visiting Investigating Officer as and when called) - Held, fixing of maintenance by Court is contrary to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - FIR lodged on allegations of kidnapping - Nothing to indicate and suggest that material record was omitted or irrelevant material taken into consideration while granting bail - No allegation that accused ever misused concession of bail ever since his release more than a year - Held, not a fit case for..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 48, 12(1) -- Juvenile Justice (Care & Protection of Children), Rules, 2007, Rule 9, Constitution of India, Article 21 and 226 - Death of a juvenile in custody due to neglect/failure to treat for T.B. disease - Neither policy party nor Observation Home took any concrete steps to have the juvenile treated..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 4 -- Juvenile Justice (Care & Protection of Children), Rules, 2007, Rule 9 - Juvenile - Bail - Application of mind has to be by Juvenile Justice Board and not by Principal Magistrate of Board only...........
Criminal Procedure Code, 1973, Section 438(4) -- Anticipatory bail - Presence of accused at the time of final hearing of bail application - Held, necessary if interim protection was given to him...........
Indian Penal Code, 1860, Section 229A -- Accused on bail - Failure of accused to appear in Court during trial - Charge sheet submitted in the year 2001 - Charge framed in the year 2003 - First witness examined five years after framing the charge - Last witness examined seven years after the framing of charge - During a span of seven years, only on 6 occasions, due to..........
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...........
