Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), Section 12 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Juvenile in conflict with law – POCSO Case – Regular bail -- Mere suggestion of vulnerability of the juvenile, in the opinion of a Probation Officer, to physical, psychological or immoral danger, as also opinion of the Clinical Psychologist regarding cognitive development of the juvenile, are alien to the requirements of Section 12 of the Act -- Being professional advice/opinion cannot afford reasonable ground for believing that the juvenile's release from custody is likely to bring him in association with any known criminal or expose him to physical, psychological or immoral danger – Nothing on record, which can even prima facie afford a ground to so believe -- Not the case that the juvenile's release from custody will defeat the ends of justice and does not fall in any of the exceptions carved out under Section 12 of the Act for declining bail -- Petitioner/juvenile in conflict with law is ordered to be released on bail.

(Para 3, 7-9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439(2) -- Cancellation of bail -- No misrepresentation on the part of the petitioner attributed to him at the time of passing of the bail order – Fresh consideration of facts and the material already available on record cannot be done in exercise of powers u/s 439(2) Cr.P.C – Nothing to point out from the records that petitioner did not approach the Court with clean hand while his bail application was being considered and decided by the trial Court or he ever misused the concession ever – Order Canceling the bail, set aside.

(Para 8-10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- FIR under GST laws -- Regular bail – Bail by High Court with a condition to deposit a sum of Rs.70 Lakhs under protest, in favour of the Principal Commissioner, CGST, within a period of 45 days from the date of his release – Condition to deposit a sum of Rs.70 Lakhs set aside.

(Para 3-7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail – Dismiss in default -- Bail application listed in the first instance on 02.07.2021 and interim protection was granted -- Thereafter the matter came before the Court almost after an year on 27.09.2022 and because of his non-appearance bail application was dismissed for non-prosecution – Dismissal of the bail application in default not justified and, accordingly set aside.

(Para 3-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21, 25, 29, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- Regular bail – Disclosure statement – Recovery of 200 grams of heroin -- Clubbing of the recoveries from co-accused not allowed -- Petitioner found innocent in another case under NDPS Act -- Rigors of Section 37 of the NDPS Act shall not be applicable – Petitioner in custody since 03.09.2022 -- Petitioner ordered to be released on regular bail.

(Para 3,7,13-16)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheque bounce case – Conditional bail in Appeal subject to deposit 20% amount -- Non-payment of – Anticipatory bail – Maintainability of -- A person released on bail is already in constructive custody of law – Anticipatory bail is not maintainable. Manish Jain’s case 2022(1) SCC(Cri) 676 relied.

(Para 5-7)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120B, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Constitution of India, Article 21, 136 -- Cheating and forgery – Regular bail – Allegations against the petitioner are extremely serious -- She is involved in 19 criminal cases -- In most of the cases there are allegations of forging documents and duping the financial institutions like Bank of Maharashtra to avail cash credit running into crores of rupees -- Husband of the petitioner who stood as the guarantor is equally involved -- Mortgage deeds of the properties furnished as security were also found to be forged:

-- Petitioner is in custody for almost seven years.

-- Out of 19 cases, the petitioner has been enlarged on bail in 17 cases.

-- There are 61 prosecution witnesses and the third witness is being examined now. The conclusion of trial will thus take a long time.

-- Assuming that the petitioner is eventually found guilty and appropriate sentence is awarded, yet the period of almost seven years spent by her as an under-trial prisoner cannot be taken lightly.

Held, balance between the rights, emanating under Article 21 of the Constitution of India on the one hand and the State’s right to ensure a fair and proper trial on the other hand, need to be balanced. Consequently, without expressing any view on the merit, the petitioner directed to be released on bail.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Sections 467, 468, 471, 120(B), 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Condition to deposit 50% of salary – Sustainability of -- Allegation of fabricating documents and using them to obtain employment – High Court granted anticipatory bail with the condition that 50% of the salary earned by him for entire duration of the employment ought to be deposited within six months – Held, imposition of the condition is too onerous and cannot be sustained -- Condition set aside, petitioner ordered to be released on anticipatory bail.

(Para 1-3)

Indian Penal Code, 1860 (45 of 1860), Section 420, 120B -- Rajasthan Public Examination (Prevention of Unfairness Means) Act, 1992 (27 of 1992), Section 4, 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Regular bail -- Leakage of question paper and use of unfair means in Rajasthan Eligibility Examination for Teachers (REET) – Petitioner-Manager of the school was appointed as Assistant to the Co-ordinator of REET exam -- Petitioner had access to the question paper kept in strong room -- Petitioner was to receive a bribe of Rupees Five Crores, out of which a sum of Rs. 1,77,80,000/- recovered from various persons, some amount was allegedly recovered from the petitioner also -- Petitioner was arrested on 26th January, 2022 – First charge-sheet filed, further investigation is going on and there is likelihood of filing of supplementary charge-sheet(s) –

-- Most of the co-accused of the petitioner have been released on regular bail by the High Court and many of them have been granted pre-arrest bail.

-- The trial is yet to commence and there are nearly 200 witnesses to be examined.

-- The conclusion of trial will take considerably long period.

-- Two other case, one FIR stated to has been withdrawn and in the second FIR, a closure report was filed and which is yet to be accepted.

Taking into consideration the period spent by the petitioner in the custody and the fact that the conclusion of trial will take some time, but without expressing any views on the merits, petitioner ordered to be released on bail subject to conditions.

(Para 1-7)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 -- Indian Penal Code, 1860 (45 of 1860), Section 363, 366-A, 376 – Constitution of India, Article 19(1), 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO -- Rape – Regular bail – Out of 14 prosecution witnesses till date only 02 material witnesses i.e. prosecutrix and complainant have been examined -- Petitioner has suffered incarceration of 02 years, 05 months and 08 days – Petitioner has prima facie case -- A person who seeks to be liberated must take judgment and serve sentence in the event of his conviction -- Detention or arrest not only deprives a person from his fundamental right of personal liberty guaranteed by article 21 but also freedom guaranteed by article 19(1) of Constitution – Petitioner ordered to be released on bail.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 406, 420 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Respondent granted anticipatory bail subject to deposit of Rs. 75,000/- on offer made by him – Co-accused paid Rs.6,00,000/- to the petitioner to get concession of bail – Held, process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail -- Recovery of money is essentially within the realm of civil proceedings – Criminal proceedings are being prosecuted only as money recovery proceedings -- Hence, the order granting pre-arrest bail to the respondents stands affirmed but, the condition therein, of payment of Rs.75,000/- by the respondent No.2, stands annulled.

(Para 10-16)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 437(5), 439(2) --  Default bail – Cancellation of bail after charge-sheet -- Mere filing of the chargesheet subsequent to a person is released on default bail u/s 167(2) Cr.P.C. cannot be a ground to cancel the bail -- However, on filing of the chargesheet on conclusion of the investigation, if a strong case is made out and on merits, it is found that he has committed a non-bailable offence/crime, on the special reasons/grounds and considering Section 437(5) and Section 439(2) Cr.P.C, over and above other grounds on which the bail to a person, who is released on bail can be cancelled.

(Para 8-10)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Constitution of India, Article 136 -- Cheating – Anticipatory bail -- Complainant entered into an agreement to sell the property, and that despite obtaining more than Rs. 5 lakhs for executing that agreement, the petitioner executed a General Power of Attorney in favour of someone else for the same property – Dispute is also the subject matter of civil proceedings and suits for permanent injunction and specific performance are pending -- Petitioner was granted interim protection since the date of first hearing i.e. 08.07.2021 – SLP allowed, petitioner directed to be enlarged on bail.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 136 -- Regular bail – Condition to deposit of Rs.9,00,000/- in the Court was imposed on the statement of the petitioner – He could not comply with the condition and resultantly continues in custody since 30.06.2016 -- Subsequently he applied for modification/recall of the condition turned down by the High Court – Held, pre-condition of deposit of Rs.9,00,000/- for his release on regular bail, is totally unwarranted and uncalled for and set aside -- Petitioner directed to be released on bail forthwith subject to his furnishing bail bonds.

(Para 1-6)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(2) -- Cancellation of bail -- Parameters of granting and cancellation of bail are totally different -- Bail cannot be cancelled unless and until there is evidence of misuse of bail in the form of commission of similar or identical offence, tampering or destruction of evidences, threatening or winning over of witnesses or there is total non-application of mind -- Bail already granted cannot be cancelled in a mechanical manner.

(Para 5)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(2) -- Cancellation of bail -- A bail once granted cannot be cancelled on the basis of bald allegations of the complainant especially when there is no complaint by prosecuting agency supported by evidence of misuse of bail.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Cheating and forgery -- Charge sheet submitted against the appellant -- State did not bring any material to show that there is necessity of custodial interrogation of the appellant – Appeal allowed, direction given that in the event of the arrest of the appellant, he shall be released on bail.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Essential Commodities Act, 1955 (10 of 1955), Section 3(2)(D), 7 -- Fertilizer (Control) Order 1985, Clause/Section 12 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Manufacturing fertilizer without any licence -- Appellant disclosed that he is cooperating with the investigating agency -- State also apprised that the appellant has attended the police station on 08.07.2022 – No necessity of custodial interrogation -- Appeal allowed, direction given that in the event of arrest of the appellant, he shall be released on bail.

(Para 1-4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Intermediate quantity – Regular bail – Petitioner’ name not mentioned in the FIR which pertained to the recovery of 18.96 grams of mephedrone (value of Rs. 1.89 lakhs) from the co-accused -- During investigation, he was named as an accused based upon the statement of the co-accused and arrested – Petitioner in custody for eight months -- Petitioner deserves to be enlarged on bail and directed to be released on bail.

(Para 1-3)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Rape -- Petitioner married the complainant though he had not obtained a divorce from a prior marriage – Charge-sheet submitted, after investigation – Interim stay confirmed -- In the event of the arrest, petitioner ordered to be released on bail.

(Para 1-5)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 41, 439 -- Intent of arrest -- Reason of denial of bail are:

– to secure the appearance of the accused at the time of trial;

– to  allay possibility of repeating of offence & jeopardising own life on account of grim prospect of being convicted;

-- to avoid possibility of tampering of evidence and security of witnesses who may be pressurised or maltreated.

(Para 5)

B. Indian Penal Code, 1860 (45 of 1860), Section 376 (2) (N), 343, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Constitution of India, Article 19(1), 21 -- POCSO case – Rape – Regular bail – Detention or arrest not only deprives a person from his fundamental right of personal liberty guaranteed by Article 21 but also freedom guaranteed by article 19(1) of our Constitution – Keeping in mind, the Petitioner is in custody since 27.02.2021, police report u/s 173 of Cr.P.C. stands filed and charges stand framed, prosecution stands examined as well cross-examined, out of total 24 witnesses till date 06 have been examined, thus, there is abysmally law possibility of conclusion of trial in near future, the petitioner is not involved in any other criminal case, petitioner is permanent resident of District Sirsa and have family members and prosecution has not led any convincing/plausible documentary or oral evidence indicating possibility of petitioner being flee from justice or tempering the evidences or winning over/threatening the witnesses, petitioner ordered to be released on bail.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Section 489, 489A – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Counterfeit currency -- Second petition for regular bail -- Acting upon a secret information, police recovered counterfeit currency worth Rs. 4,75,000/- from the petitioners – Petitioners in custody since February, 2021 -- Considering the facts that the petitioners have no criminal antecedents, no further recovery is to be made from the petitioners, though investigation is complete conclusion of trial is likely to take time, the petitioners granted bail.

(Para 1-6)

Constitution of India, Article 136 -- Indian Penal Code, 1860 (45 of 1860), Section 147, 148, 149, 302, 307, 396, 332, 333, 412, 353, 504, 506, 34, 120-B -- Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 18 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Unlawful assembly – Murder – Dacoity – Regular bail – Petitioner was a minor, being tried as an adult, she had been married shortly prior to the incident – High Court denied bail, based on the circumstance that as many as eight police officers who had gone to arrest one person were killed in the act of firing by the co-accused -- Charge-sheet submitted, trial has commenced – Held, continued custody of the petitioner at this stage would not sub-serve the ends of justice – Petitioner ordered to be released on bail subject to such terms and conditions.

(Para 1-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 (Section 29 added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular bail -- Recovery of 75 kgs of poppy husk from main accused -- Petitioner roped in on the basis of disclosure statement -- Petitioner is behind the bars for the last 2 months and 3 days – Conclusion of trial will take sufficient time -- No recovery was effected from the possession and the petitioner is not involved in any other case -- Petitioner ordered to release on regular bail.

(Para 1-5)

Constitution of India, Article 136 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 374, 389 -- Indian Penal Code, 1860 (45 of 1860), Section 302, 120-B -- Murder -- Life imprisonment – Suspension of sentence -- Appeal against the conviction is pending before the High Court since 2018 -- High Court, however, declined to grant suspension of sentence pending the disposal of the appeal – Petitioner has undergone over twelve years and six months of actual imprisonment – Since the appeal before the High Court is likely to take time for disposal, Supreme Court directed that the petitioner be released on bail, pending the disposal of the appeal.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Section 323, 341, 325, 307 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular  bail -- Excessive condition of bail – Sustainability of -- Appellant granted bail by the High Court and imposed the excessive conditions of a deposit of fine amount of Rs.1,00,000/- along with a surety of another Rs.1,00,000/- and two further bail bonds of Rs.50,000/- each – Excessive conditions imposed have, in-fact, in practical manifestation, acted as a refusal to the grant of bail -- To keep the Appellant in jail, that too in a case where he normally would have been granted bail for the alleged offences, is not just a symptom of injustice, but injustice itself -- Appellant is in no financial condition to satisfy the conditions -- Appeal allowed, conditions set for the grant of Bail stands waived off.

(Para 13-19)

Indian Penal Code, 1860 (45 of 1860), Sections 411, 413, 414, 419, 420, 467, 468, 471, 484, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Cheating and forgery – Regular bail – Petitioners were arrested on 21 July 2020 -- Charge-sheet submitted after investigation on 14 October 2020 -- Seven co-accused have been released on bail -- Petitioners ordered to be released on bail subject to such terms and conditions as may be imposed by the Sessions Court.

(Para 4, 5)

Indian Penal Code, 1860 (45 of 1860), Section 489A, 489C, 489-D, 201 – Specified Bank Notes (Cessation of Liabilities) Act, 2017 (2 of 2017), Section 7 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Demonetized counterfeit currency -- Regular bail -- Recovery worth Rs.8,42,60,000/-, it is a debatable issue as to whether possession of coloured photocopies of demonetized currency notes attracts the provisions of Section 489-A, 489-C and 489-D IPC – Petitioner in custody since 11.04.2022, police has presented the challan and charges are yet to be framed -- It will take considerable time for the trial to conclude even after the framing of charges -- Petitioner is having no criminal history -- Petitioner ordered to be released on bail.

(Para 1-8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 201, 467, 468, 471 -- Cheating and forgery – Recovery of amount – Regular bail -- In an offence u/s 420, 201, 467, 468, 471 IPC, the Court is certainly not going to recover the alleged amount as a condition to grant bail -- Reasonable conditions can be incorporated in exercise of judicial discretion and purpose of putting such conditions is to secure the presence of accused at the time of trial/hearing of the case before the trial Court -- Petitioner is in custody since 29.06.2022, report u/s 173 Cr.P.C. has been submitted, the offences are triable by Magistrate and further detention of the petitioner behind the bars would not serve any useful purpose -- Petition allowed and the petitioner directed to be released on regular bail – Conditions imposed.

(Para 11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Sections 167(2), 439, 401 -- NDPS case  -- Recovery of 42 kgs. and 530 grams of opium – Regular bail -- Revision against dismissal of application for default bail – Challan without FSL -- Without commenting anything on the merits and without referring to the fact that whether the petitioner is entitled to default bail under Section 167 (2) Cr.P.C. or not, considering the facts that the petitioner is not involved in any other case; he is in judicial custody for the last more than 01 year and conclusion of trial is likely to take some time as even charges have not been framed so far, the petition disposed of and the petitioner ordered to be released on regular bail.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 341, 323, 324, 326, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 25, 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Attempt to murder – Serious injuries – Regular bail -- Petitioner is a first time offender and is in custody since 16.04.2022 -- None of the 20 prosecution witnesses have been examined -- Trial is not likely to be concluded in the near future -- Victim suffered serious injuries, at the present moment he has no major difficulty in walking, though he still cannot walk as a normal person -- At this stage, the further incarceration of the petitioner is not required – Bail allowed – FDR of Rs.2,00,000/- ordered to be deposited with Trial Court, liable to be forfeited in case of the absence of the petitioner from trial without sufficient cause.

(Para 6-10)

Indian Penal Code, 1860 (45 of 1860), Section 379-A, 201, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Snatching of mobile – Regular bail -- Keeping in view the custody period of the petitioner i.e. 04 months and 22 days; no recovery is to be effected from the petitioner; he is not involved in any other case and the fact that conclusion of trial is likely to take a considerable time as the case is at the stage of framing of the charge, petitioner ordered to be released on regular bail during trial.

(Para 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 25, 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – Commercial quantity – Rigour of Section 37 of NDPS Act -- Recovery of 1060 tablets of Tramadol -- Charges framed on 18.02.2022 -- Prosecution witnesses summoned not only by way of bailable and non-bailable warrants but also by way of arrest warrants of the prosecution witnesses, who are the official/ police officials -- Delay in prosecution witnesses, resulted petitioner to face incarceration for about 1½ years – Adverse inference drawn against the prosecution, Court prima facie believed that the petitioner is not guilty of the offence and so far as the second ingredient for making a departure from the bar contained under Section 37 of the NDPS Act is concerned, the petitioner is stated to be not involved in any other case – Not the case of the State that in case the petitioner is released on bail, then he may repeat the offence or he may abscond from justice or influence any witness -- Petition allowed, petitioner ordered to be released on regular bail.

(Para 11-13)

Indian Penal Code, 1860 (45 of 1860), Section 238, 240, 243, 489C – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 439 – Counterfeit currency – Proclaimed offender – Regular bail – Petitioner remained a proclaimed offender and had been evading his arrest for as long as 15 years – However, instant case is a case where the petitioner has been nominated on the basis of a disclosure statement of co-accused, who has since expired and no recovery of any counterfeit currency and coin was effected from the petitioner – Petitioner behind bars since the last about 1 ½ years – Trial is not likely to be concluded in immediate future as only 2 PWs out of cited 16 PWs have been examined till date – Petition accepted and the petitioner ordered to be released on regular bail.

(Para 1-4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail – Maintainability of – Arrest in another case -- Since the applicant is in custody in connection with another case, the present anticipatory bail application u/s 438 Cr.P.C. would not lie and would not be maintainable.

(Para 12)

Prevention of Corruption Act, 1988 (49 of 1988), Sections 7 and 13(1) (b), 13(2) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Corruption case -- Regular bail – Illegal gratification of Rs. 7,000/- for entering inheritance mutation – Though investigation is complete conclusion of the trial is likely to take time; moreso, sanction to prosecute u/s 19 of the Act is still awaited; no recovery is to be made from the petitioner and he volunteers to give his voice sample, the petitioner granted bail.

(Para 1-5)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(3), 14, 14A(2), 18 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Offence under SC/ST Act – Anticipatory bail – Jurisdiction of High Court -- The word bail in section 14A(2) would include anticipatory bail also – Firstly, the accused should have approached the Special Court for grant of anticipatory bail u/s 438 of the Cr.P.C. -- Appellate jurisdiction alone can be exercised by the High Court, order granting or rejecting the anticipatory bail u/s SC/ST Act shall be amenable to the appellate jurisdiction of the High Court u/s 14A of the Act and not Section 438 Cr.P.C.

(Para 13-26)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 173 -- NDPS case – Challan without FSL report -- Default bail -- SHO moved an application before the expiry of period of 180 days and the learned Addl. Sessions Judge on the same date sought report from the learned P.P. and on the same date allowed the application for grant of extension of time for a further period of two months but without giving any notice to the petitioner in this regard -- Condition of giving notice to the accused has to be satisfied as observed in Sanjay Kumar Kedia’s case 2009 (17) SCC 631 -- Ld. Addl. Sessions Judge while dismissing the application for grant of default bail although referred to the judgment in Sanjay Kumar Kedia’s case has not followed the judgment in true perspective -- Revision petition allowed, the petitioner ordered to be released on default bail u/s 167(2) of the Cr.P.C.

(Para 7-10)

Central Goods and Services Tax Act, 2017 (12 of 2017), 132(1)(a),(h),(k) (l), 132(5) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Evasion of GST – Regular bail -- Transportation of unmanufactured tobacco weighing about 35,57,450 kgs. for clandestine manufacture and supply of zarda without payment of leviable duties and taxes -- Petitioner was arrested on 21.07.2022 and while in custody, the investigation completed and the charge sheet filed -- Punishment may extend to 5 years and fine – Petitioner has already undergone incarceration for more than four months and completion of trial would take some time -- Evidence to be tendered would essentially be documentary and electronic -- Ocular evidence will be through official witnesses, due to which there can be no apprehension of tampering, intimidating or influencing – Petitioner ordered to be released on bail.

(Para 6, 7)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 143 – Code of Criminal Procedure, 1973 (2 of 1974), Section 397, 401 -- Cheque bounce complaint – Summary case – Regular trial – Specific order of Magistrate – Requirement of -- When the evidence of the parties, in the chief examination, cross-examination and re-examination (if any) were recorded in verbatim and was faithfully placed on record then for merely not recording the order observing that the matter would be tried as a summons case or as a regular trial would not itself vitiate the trial conducted by the Magistrate of the Trial Court, when it has not resulted in miscarriage of justice – Ld. Sessions Judge’s Court only on technicalities set aside the judgment passed by the Trial Court and ordered for a de-novo trial -- Sessions Judge's Court ought to have decided the appeal before it on its merit – Revision allowed, judgment passed by ld. ASJ set aside, matter remanded to ld. ASJ for its fresh disposal, in accordance with law.

(Para 18)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366, 342, 376 (2) (i) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 6, 17 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape – Regular bail -- Petitioner in custody for a period of 03 years, 04 months and 21 days and not involved in any other case -- Victim has not given any history with regard to penetrative sexual assault during the course of her medical examination -- Victim is not coming forth to depose in the trial Court despite substantial number of adjournments -- Statement of the mother of the victim during the course of trial, that the victim has eloped with some boy on 07.02.2021 – Held, petitioner cannot be incarcerated for a long period of time, particularly, only on the score that the victim is not putting appearance in the trial Court -- Conclusion of trial may take some more time -- Petition allowed and petitioner ordered to be released on bail.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(n), 323 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 10, 12 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape – Regular bail -- Physical relation on pretext of marriage -- Petitioner and the prosecutrix were in relationship for a period of 11 years -- It will remain a debatable and moot point as to whether the petitioner was in consensual relationship with the prosecutrix or it was on the basis of false promise to solemnize marriage -- Allegations with regard to sexual assault upon the minor daughter of the prosecutrix have emerged at a subsequent stage to the registration of the FIR -- Petitioner is in custody for a period of 05 months and 16 days and is not involved in any other case – Out of 18 witnesses till date no witness has been examined -- Conclusion of trial is likely to take some time -- Sufficient mitigating circumstances are made out to extend the concession of bail to the petitioner -- Petitioner ordered to be released on bail.

(Para 6-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 37, 61, 85 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Commercial quantity – Rigour of Section 37 of NDPS Act -- Regular bail -- Recovery of 500 grams of heroin – Charges framed on 28.09.2021, about 18 adjournments granted but no prosecution witness examined except one formal witness – Prosecution witnesses are the official witnesses -- Petitioner in incarceration for about 2 years, 1 month and 24 days – Argument that petitioner is falsely implicated get substantiated from the fact that for 18 times no prosecution witness came forward for deposition -- Petitioner is not involved in any other case under the NDPS Act – Not argued that in case the petitioner is released on bail, then he may repeat the offence or may abscond from justice -- Both the conditions for making a departure from the bar contained u/s 37 of the NDPS Act satisfied – Court deemed it fit and proper to grant the regular bail to the petitioner -- Petition allowed.

(Para 2-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 142 – Cheque bounce case -- Quashing of order declaring accused proclaimed person – Submitted that the petitioner was never served with the summons and has now come to know about the pendency of the complaint and he is ready to surrender before the trial Court and face the trial -- Issuance of notice of motion to respondents dispensed with, petition allowed, impugned order declaring the petitioner a proclaimed persons, set aside -- Petitioner directed to appear before the trial Court within a period of 15 days and on doing so, the trial Court will release him on bail -- Till then arrest stayed.

(Para 1-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case -- Second regular bail application – Recovery of 1 kg 530 grams of heroin – Hon’ble Apex Court passed orders and has observed in others cases that long custody of the accused can be considered for grant of regular bail even in case of commercial quantity, leaving the question (whether recovery of contraband is of commercial quantity or otherwise) as the same is to be considered by the trial Court at the relevant stage on the basis of material to be adduced by the prosecution -- Taking into consideration the custody of the petitioner since 14.10.2019, stage of the trial and without adverting to the merits of the case, Court deemed it appropriate to enlarge the petitioner on regular bail.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Sections 376B, 376(2)(N), 506, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Rape – Anticipatory bail -- Petitioner is a doctor in a government hospital where the complainant was allegedly working as a nurse -- FIR indicates that parties were in a physical relationship since May 2016 -- FIR was lodged in October 2017 -- In the facts and circumstances of the case, custodial interrogation is not required – Direction given in the event of the arrest of the petitioner, he shall be released on bail.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Section 304-B – Indian Evidence Act, 1872 (1 of 1872), Section 113-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Dowry death – Regular bail to mother-in-law – Deceased died an unnatural death within seven years of marriage – As per allegations in the FIR itself on the day of death, the petitioner had informed the complainant about the deceased having locked herself inside the room – After the occurrence the in-laws had shifted the deceased to the hospital – Whether in the facts and circumstances of the case the presumption u/s 113-B of Evidence Act is attracted or not would be subject to the outcome of the trial – Out of total 17 prosecution witnesses, 3 witnesses have been examined – Petitioner ordered to be enlarged on bail.

(Para 1,7)

Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Anticipatory bail -- Suicide note show that the deceased was under extreme stress and tension on account of matrimonial discord and on account of pendency of some litigation pertaining to grant of maintenance -- It will certainly be debatable as to whether the aforesaid conduct as mentioned in the suicide note would qualify to be termed as an abetment to commit suicide -- Petitioner has joined investigation and she is not required for any custodial interrogation -- Petitioner not involved in any other case -- Interim directions made absolute.

(Para 5-8)

Indian Penal Code, 1860 (45 of 1860), Section 306, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Anticipatory bail – Compromise between parties – On an earlier occasion, anticipatory bail of co-accused was dismissed – Considering the fact that the petitioners and the complainant belong to the same family and they have reconciled the things, petition allowed – Petitioners granted the concession of anticipatory bail subject to the conditions envisaged under Section 438 (2) Cr.P.C.

(Para 8)

Prevention of Corruption Act, 1988 (49 of 1988), Section 19, 21(b), 27, 29, 59(2) – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 7, 13 -- Indian Penal Code, 1860 (45 of 1860), Section 341, 394 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Bribe for nor registering case -- Regular bail -- Accused proclaiming themselves to be Incharge of STF Punjab police, recovered 5 grams of Heroin from one Bhullar, kept the contraband and accepted the bribe of Rs.19,000/- for not registering the case – Considering that co-accused were granted bail by the Court, the petitioner is in custody since 7.7.2022, conclusion of trial is likely to take time, sanction to prosecute has not been received, the petitioner being a police official prima-facie there is no chance of his absconding, bail granted to the petitioner.

(Para 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20(b)(ii)(C), 23(c), 37 – Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Right to expeditious trial -- Commercial quantity – Regular bail -- High Court declined to grant bail on the ground that the quantity seized was a commercial quantity and the rigours of Section 37 would preclude the grant of bail -- There has been no progress in the trial -- Appellant is in custody for over four years -- A period of five years would be completed in February 2023 -- Having due regard to the right of the appellant to an expeditious trial within the ambit of Article 21, the appellant should be released on bail -- Appellant ordered to be released on bail.

(Para 5, 8-10)