Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 4, 25 -- Bail - Grant of - Murder - Injuries caused to deceased were caused by hard and blunt impact - One injury out of them was individually sufficient in ordinary course of nature to cause death - Other injuries collectively were likely to cause death in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - High Court gave no reasons while granting bail to accused - There is only narration of facts in the said order - It is expected that at least some reason would be given by High Court while reversing the order of trial Court, which had rejected bail application by a reasoned..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Material witnesses have already been examined and remaining witnesses are either complainant or police officials and at present there does not seem to be any possibility of their being won over - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the time of considering bail application, it would not be appropriate for Court to examine statements of PWs minutely to return a finding upon their trustworthiness, as evidence is to be evaluated by trial Court in the light of other evidence which is yet to be adduced by prosecution...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(a), 29 -- Bail - Offence u/ss 22(a), 29 NDPS Act - Recovery of 2600 intoxicant tablets with mark lezidol-plus paracetamol & tramadol hydrochloride tablets - Challan has already been filed and there are 30 witnesses, out of which, none have been examined as yet and..........
Criminal Procedure Code, 1973, Section 299 -- Supplementary complaint - During existence of first complaint, filing second complaint under nomenclature of supplementary report is not permissible under law...........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 01, 14 -- Anticipatory bail - Offence u/s 61, 01, 14 of the Act - It is not in dispute that petitioner was not apprehended at spot in spite of presence of several police officials - Question as to whether 180 bottles can be carried by two persons while riding on a motorcycle, is a matter of..........
Criminal Procedure Code, 1973, Section 173(2)(i) -- Cancellation report - Notice to Legal heirs of deceased complainant - Respondents are neither first informants nor injured witnesses - Land in question was in ownership of petitioner's side - Legal Heirs of complainant thus, have a limited role in opposing cancellation report - More so, when they choose not to appear..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Witness sought to be summoned is important witness whose statement has already been recorded u/s 161 Cr.P.C, which is part of charge sheet - Said witness has to be examined, so that Court can reach to truth - Application rightly allowed...........
