Criminal Procedure Code, 1973, Section 436, 437 -- Bail - Provisions of Ss.436 and 437 Cr.P.C. permit appearance before jurisdictional Court by the person accused of an offence...........
Criminal Procedure Code, 1973, Section 436, 437 -- Bail - Permission to surrender - When Cr.P.C permits a person accused of an offence to surrender before Court having jurisdiction over the subject matter, it cannot refuse permission...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Alongwith bail application accused filed surrender memo - When accused appeared before Court and moved bail application then he surrendered before Court - When accused appears before Court and applies for surrender, his prayer shall be accepted - Magistrate shall consider his plea for surrender and entitlement to bail as..........
Criminal Procedure Code, 1973, Section 439, 438 -- Pendency of bail application - Duty of police officer before arrest of accused - It is the duty of every Police Officer to contact the office of prosecutor before arresting an accused, when a bail application is pending before a Court of law to verify whether there is any interim order passed by Court - Without verifying..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to accused two years ago - After two years of passing of order granting bail, if an order for cancellation of same is passed, it may re-ignite the rift and acrimony between parties - Moreover, there is no complaint of abusing the liberty so granted to accused - It is thus, not appropriate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be denied to accused merely because co-accused who was released on bail has not surrendered...........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Bail application qua certain provisions of the offence under IPC - Anticipatory bail application qua offence under other provisions of IPC - This is misuse of process of Court - Accused should apply for bail under all sections and accused cannot be permitted to apply for bail in part, that too firstly getting..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money involved in NDPS case - Petitioner has been released on bail - Whether cash recovered from petitioner at the spot was a drug money or not has to be established and determined upon conclusion of trial - No contraband recovered from petitioner - In such circumstances lying of amount with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304A -- Bail - Rash and negligent driving - Accused who is doctor by profession, drove his car after consuming alcohol causing an accident which resulted in death of a person, a pregnant woman suffering miscarriage coupled with injuries to several persons - Argument with regard to vehicle getting..........
