Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Anticipatory bail - Recovery of 10 grms heroin - No recovery has been effected from petitioner - Petitioner has only been involved on the basis of disclosure statement made by co-accused without there being any other connecting evidence - Moreover, recovery..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Grant of bail subject to condition to deposit 50% of fine amount - Failure to comply with the order - Appeal cannot be dismissed on this ground - Appellate Court can cancel bail - Impugned order, dismissing appeal, set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Elaborate reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail - It would be only a non-speaking order which is an instance of violation of principles of natural justice - In such a case, prosecution or informant has a..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering an application for grant of bail, a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record...........
Criminal Procedure Code, 1973, Section 439 -- Bail - There cannot be elaborate details recorded to give an impression that case is one that would result in conviction or by contrast in an acquittal while passing an order on an application for grant of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 34, Arms Act, 1959, Section 27 -- Bail - Attempt to murder - Offences alleged against accused are serious in nature - There is history of enmity between parties - Accused has been named in eight cases and thus, he has criminal antecedents - Accused had absconded for a period of seven..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second application after rejection of first application without there being any change of circumstances - Such practice deprecated...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 120B, 411, 201, 115, Arms Act, 1959, Section 25 -- Bail - Murder - Only incriminating material against accused is his own confession - However, confession made by accused before Police Officer is inadmissible in evidence - Fact that accused is facing proceedings in several other cases..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27, 29, 30, 54, 59, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Double murder case - Allegation against petitioner is that his gun was used by his son in murder of two girls - Son of petitioner is in custody -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 65, Criminal Procedure Code, 1973, Section 439 -- Recovery of 252 gms heroin - Bail - Contraband recovered is just marginally above commercial quantity - Charges have not yet been framed - Trial in the case is yet to commence - Co-accused have already granted anticipatory bail - No useful purpose..........
