Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Petitioner is trying to mislead the Court as regards his admission in hospital - Though petitioner is having some medical ailment, but by not surrendering on time and moving application for extension of bail by..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere long detention in jail does not entitle an accused for bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(AB), 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Prosecutrix levelled specific allegation against accused of oral sex with her and that accused penetrated penis in her way of urine - She was about 12 years at the time of incident, therefore, at the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Panch witnesses have not supported case of prosecution - Failure to conclude trial within a reasonable time resulting in prolonged incarceration militates against fundamental right guaranteed u/art 21 of Constitution - Conditional liberty..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Mandatory provision of S.52-A of NDPS Act has not been followed, as seizure officer did not get the proceedings u/s 52-A of the Act conducted in the case before a Magistrate or Gazetted Officer - Search and seizure vitiated - Moreover,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
Criminal Procedure Code, 1973, Section 439 -- Bail - If there are serious allegations against accused, even if he has not misused the bail granted to him, such an order can be cancelled by same Court that has granted the bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - In a serious criminal offence - Court must consider relevant factors like nature of accusations made against accused, manner in which the crime is alleged to have been committed, gravity of offence, role attributed to accused, criminal antecedents of accused, probability of tampering of witnesses and repeating the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Can also be revoked by a superior Court if it transpires that Courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order...........
