Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - There is no absolute bar in entertaining an application for anticipatory bail in cases alleging commission of offences under SC/ST Act, if prosecution allegations do not constitute any offence under SC/ST Act - Court has power to grant anticipatory bail if..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(va) -- Anticipatory bail - Offence u/s 3(2)(va) of SC/ST Act - Prime facie commission of offence u/s 3(2)(va) of the Act is made out - Ss.18, 18-A of the Act thus, apply and therefore anticipatory bail cannot be granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 255 gms of heroin - When an under trial has been in custody for a significant period of time and trial is being held up for no fault on his part, Court cannot be expected to be a mute spectator and should rather unhesitatingly interfere for..........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Maintainable on fresh grounds and where reason for rejecting first bail application has been washed off...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Accused has undergone kidney transplant and he is prone to infections - In such condition, if accused is taken into custody for any reasons, his life would be endangered - However, accused may not take benefit of his physical/mental condition and he will cooperate with trial proceedings to..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 504, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Juvenile - Bail - Rape - JJ Board declined bail to accused considering the fact that his act..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Gravity and seriousness of offence is a relevant consideration for purpose of grant of bail - However, while granting bail to accused, High Court has not discussed the role attributed to accused and his overt act in commission of offence - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused pleaded that he joined the investigation and charge sheet has been filed and since he was not arrested, he is thus, entitled to anticipatory bail - However, correct approach would have been for accused to apply for regular bail, as person need not be produced in custody on charge sheet being filed -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 391 gms brown colour narcotic powder - Bail - There is no independent witness of alleged recovery - Constables of Railway Police Force cannot be said to be independent witnesses -Though search was conducted in presence of Gazetted Officer,..........
