Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000 - Condition so imposed by High Court is totally alien to principles governing bail jurisprudence..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Non-recovery of dowry articles/Istridhan, cannot ordinarily be a ground, by itself, for declining a plea for grant of anticipatory bail to the husband or his relatives...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Accused has joined investigation and is not required for custodial interrogation - It is neither the stand of State counsel nor that of complainant that accused has misused concession of interim bail by threatening/intimidating the..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304, 34 -- Default bail - Charge sheet not filed within prescribed period - Accused having exercised his right to statutory bail is entitled to grant of same - Bail granted...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Deleted accused - Magistrate can take cognizance against deleted accused, if it finds some material against deleted accused before committing case u/s 190 Cr.P.C - Order of Sessions Court to add the array of deleted accused has to wait till the case reaches the stage of S.319 Cr.P.C is unsustainable...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within prescribed limit and cognizance taken by Court - Accused cannot claim statutory right of default bail merely because some investigation u/s 173(8) Cr.P.C may be required...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Right of I.O. for further investigation u/s 173(8) Cr.P.C is not taken away only because charge sheet is filed u/s 173(2) Cr.P.C against accused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While calculating salary of husband deductions to be made are income tax and professional tax - Deductions such as provident fund contribution, house rent recovery, furniture recovery, towards loan obtained, LIC premium and festival advance are accruing to the benefit of husband only and not deductible..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is a Branch Manager working in SBI receiving salary of more than Rs.1 lakh pm - Family Court rightly awarded Rs.15,000 pm to wife and Rs.10,000 pm to daughter...........
