Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304, 34 -- Default bail - Charge sheet not filed within prescribed period - Accused having exercised his right to statutory bail is entitled to grant of same - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within prescribed limit and cognizance taken by Court - Accused cannot claim statutory right of default bail merely because some investigation u/s 173(8) Cr.P.C may be required...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Contraband - Application for bail filed by accused after the charge sheet has been filed, which extinguished the right of default bail - Special Judge rightly accepted the application for extension of investigation, as special Judge has..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 22(b) -- Contraband - Default bail - On the date of petition for default bail neither charge sheet filed nor order for extension of time to complete investigation granted - Default bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere delay in trial pertaining to grave offences, cannot be used as a ground to grant bail...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D, 17, 18, 19, Arms Act, 1959, Section 25, 54 -- Bail - Offence u/ss 17, 18, 19 of Act of 1967 and Ss.25, 54 of Arms Act - Charges in the case reveals the involvement of a terrorist gang which includes different members recruited for multiple roles - Hence, mere fact that..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Involvement of accused in other criminal cases cannot be sole ground to deny him concession of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bar since 12.8.2023 - Investigating agency has concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not commenced yet, as none out of 18 PWs has been examined so far - Culpability..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - When there is fixed term sentence and especially when appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - While considering application for bail, scope of appreciation of evidence and other material on record is limited - Court is not expected to critical analysis of evidence on record...........
