Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 500 gms opium - Bail - Recovery not commercial quantity - Investigation is complete - Petitioner not required for custodial interrogation - Trial would be concluded in due course of time - Contention that if bail is granted, then petitioner..........
Criminal Procedure Code, 1973, Section 438, 439 -- Cancellation of anticipatory bail - Anticipatory bail can be cancelled only by the Court granting the same or by the higher Court either at the instance of Public Prosecutor or complainant on finding new material or circumstances at any point of time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - On account of parity - Merely because some of co-accused whom similar role has been ascribed has been released on bail earlier and State has not moved higher Court against the order in question for cancellation, power of Court cannot be..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail once granted should not be cancelled in a mechanical manner without considering any supervening circumstances not conducive to fair trial - Bail can be cancelled only in those discerning few cases where it is shown that a person to whom the concession of bail has been granted is misusing the same...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offence u/s 302 IPC and Ss.25, 27, 30 of Arms Act - Presence of accused at the spot not disputed as he sustained bullet injuries in his hand - Accused facing trial u/s 302 IPC for which punishment is life imprisonment or death - Granting bail is thus, barred u/s 437 Cr.P.C - This type of concession..........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Cancellation of bail - Powers granted to Magistrate u/s 437(5) Cr.P.C. and power granted to Sessions Court as well as High Court u/s 439(2) Cr.P.C. are not for cancellation of bail in all circumstances...........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Cancellation of bail - When there is violation of bail conditions, prosecution or aggrieved need not rush to Superior Courts, they can approach the very same Court u/s 437(5) Cr.P.C. as well as u/s 439(2) Cr.P.C. for getting the accused arrested...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Arrest of accused and his/her committing to custody as contained in Ss.437(5), 439(2) Cr.P.C. has the effect of cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2), 482 -- Cancellation of bail - Powers of High Court u/s 482 Cr.P.C. - High Court is fully empowered u/s 482 Cr.P.C. to cancel an order passed by Subordinate Court, even without the aid of S.439(2) Cr.P.C., when such order result in miscarriage of justice, or it is palpably illegal or unjustified...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Orders granting bail by a Subordinate Court can be cancelled by Sessions Court as well as High Court with the aid of S.439(2) Cr.P.C. - Such powers can be exercised even in cases wherein orders granting bail suffers from serious infirmities resulting in miscarriage of justice or bail has been granted..........
