Criminal Procedure Code, 1973, Section 437 -- Bail - Murder - Death occurred several days after incident - Role attributed to appellant was that he gave a lathi blow on head of deceased - Accused in custody for more than one year - Ordered to be released on bail...........
Criminal Procedure Code, 1973, Section 437, 441 -- Bail - Cancellation - Bail cannot be cancelled for failure of surety to comply with condition without Court directing accused to substitute another surety...........
Criminal Procedure Code, 1973, Section 437, 441 -- Bail - Onerous conditions - Failure to raise objection to onerous conditions of bail immediately after release cannot be used as a bar for preventing an accused from approaching the Court with a prayer to release him from jail...........
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 420, 406 -- Bail - Imposition of condition to pay Rs.2 lacs at stage of FIR itself - Failure of appellant to pay same - Cancellation of bail - Validity - Held, imposition of condition that an accused at FIR stage should pay a huge sum of Rs.2 lacs to be set at liberty is erroneous - Appellant..........
Criminal Procedure Code, 1973, Section 389 -- Bail pending appeal - Conviction u/s 498-A IPC - Appellant in custody for more than three years - No likelihood of appeal being heard early - Appellant ordered to be released on bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/s 464 IPC - Trial commenced and 20 out of 59 witnesses examined - Objection to bail application that offence is quite serious and accused should not be released on bail - Having regard to the totality of circumstances a case for release on bail is made out - Petitioner ordered to be released on bail subject to..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Accused is in custody for the last five years - Trial proceeding at slow pace - Held, accused entitled to be released on bail - Trial Judge permitted to impose such conditions as he feels necessary for ensuring his attendance on dates of posting in trial Court...........
Criminal Procedure Code, 1973, Section 441, 446 -- Bail bond - Liability of sureties - Modification of condition of bail order would not absolve liability of sureties - Most essential element of bail order is for ensuring the attendance of the accused - Other conditions are only subsidiary thereto - Forfeiture of bond would entail penalty against each surety for amount..........
Criminal Procedure Code, 1973, Section 446(3) -- Bail bond - Forfeiture - Accused a foreign national - Bond executed by sureties for Rs.25,000 - Accused jumping out bail and slipping to foreign country - Trial Court imposing penalty of Rs.25,000 each on sureties - No allegation that sureties, connived with accused jumping out bail - Court could have imposed condition to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 439 -- Bail - 5 Kg. of Opium recovered - Jurisdiction of Court to grant bail is circumscribed by the provisions of S.37 of the NDPS Act - Accused should not be released on bail during trial unless mandatory conditions i.e. reasonable ground for believing that..........
