Code of Criminal Procedure, 1973 (2 of 1974), Section 439, 482 -- Indian Penal Code, 1860 (45 of 1860), Section 376(D), 376, 511, 504, 506 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3, 4 – Rape case -- Interim bail on medical ground by High Court – No satisfaction recorded by the High Court that treatment offered to respondent/accused was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the respondent on interim bail on medical grounds -- Even as on date, due medical care is being taken of the respondent/accused -- High Court, without considering the entire materials on record, has passed the impugned order, which is unsustainable – Appeal allowed, order granting interim bail set aside

(Para 15-19)

Indian Penal Code, 1860 (45 of 1860), Section 306, 304-B, 302 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Dowry death case – FIR u/s 306/34 IPC – Charges framed u/s 304-B  and alternative Section 302 IPC – Regular bail -- Investigation in the case is complete and challan has been presented – Petitioner has three children i.e two daughters and one son -- Petitioner being in custody, there is no one to look after the minor children who are exposed to the probability of being infected with the Covid-19 virus -- It has been medically proven that children of that age are more susceptible to get infected due to their lower level of immunity and therefore, they need 24x7 constant care and attention -- As regards allegations, the same can only be adjudicated in the course of trial, which is not likely to commence or conclude any time soon due to Covid-19 pandemic -- Petition allowed, petitioner is ordered to be released on bail.

(Para 6,7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Section 406, 419, 420, 465, 467, 471, 483 & 120-B IPC – Nine vehicles financed by co-accused – Non-payment of instalments -- Regular bail – Petitioner purchased two vehicles -- Fake documents for registration -- Case is triable by a Judicial Magistrate First Class -- Petitioner is in custody since 12.08.2020 -- One of the main accused, has already been released on bail on 20.07.2019 -- Still further, the petitioner herein is neither a borrower nor a guarantor – Direction given to release the petitioner on regular bail.

(Para 2-7)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- Bail to juvenile -- Prosecutrix minor/ 14 years old – Petitioner in protective custody for the last one year -- Petitioner was found to have fathered the child with the minor prosecutrix – Nothing produced on record to show that the petitioner ever indulged in any activity violating the law except for the action, for which, he is being tried now -- Nothing to prima facie show that after the release, the petitioner will mingle with the other criminals or will suffer psychologically & physically – Petition allowed, petitioner is directed to be released on bail.

(Para 3-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail – Interim order that no recovery effected from the petitioner and he has been roped in on the basis of the disclosure statement of the co-accused, which is yet to be proved and further that he  is not involved in any other case and petitioner is ready to join the investigation, direction given in the event of his arrest, petitioner order to be released on interim bail to the satisfaction of the Arresting Officer/Investigating – Thereafter, petitioner has joined the investigation and no further interrogation is required, at this stage – Order granting interim bail to the petitioner is made absolute.

(Para 2-4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Section 420, 406, 120-B, 384, 370 – Emigration Act, 1983 (31 of 1983), Section 24 – Anticipatory bail -- Delay of over two years in registering the FIR -- Co-accused were paid money through bank transactions while the petitioner was paid a sum of Rs.3,00,000/- in cash for sending the son of the complainant abroad -- Matter had earlier been compromised on 30.12.2018 -- Petitioner is not involved in any other criminal case – Court directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail – Although, petitioner has joined investigation but recovery of the money has to be effected – In view of the submission and Covid-19 situation, interim bail granted to the petitioner is made absolute.

(Para 3-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- Interim bail -- Considering the fact that the petitioners have been in custody for the last more than 01 year and 06 months; the petitioners are not involved in any other case and conclusion of the trial would take time due to COVID-19 situation, the petitioners were directed to be released on interim bail till 14.01.2021 –Trial Court, after assessing the situation may continue with the interim bail granted to the petitioners till further orders and in case, the trial Court resumes recording evidence, it will be open for the trial Court to cancel such interim bail.

(Para 5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Section 304 – Arms Act, 1959 (54 of 1959), Section 27 – Culpable homicide -- Right of private defence – Regular bail – In view of facts and circumstances of the case, nature of accusation and evidence against the petitioner, the fact that debatable question as to whether the petitioner legitimately exercised right of private defence or exceeded the same is involved and the fact that the trial is likely to take long time due to restrictions imposed to prevent the spread of Covid-19, Court extended the concession of regular bail to the petitioner.

(Para 9-12)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 50 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular Bail -- Joint offer of search – Recovery of 100 kg of Poppy Husk from the dicky of the car -- It will be debatable as to whether a joint offer as extended in the present case is valid or not -- Even otherwise, the petitioner has been in custody since 06.10.2018 -- Though the case is at the stage of evidence, yet the trial will take time to conclude, especially due to prevailing situation of Covid-19 -- Thus, no useful purpose would be served by keeping the petitioner behind the bars -- Petition allowed and the petitioner is ordered to be released on regular bail.

(Para 9,10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20 – NDPS case -- Recovery of Charas weighing 1 kg 100 grams – Regular bail -- Petitioner was arrested on 15.04.2019 and considering the health condition of the petitioner, interim bail was granted on 20.01.2020 -- As against total 13 witnesses cited by the prosecution, 06 witnesses have been examined, trial is not likely to be concluded in the near future -- Court deemed it appropriate to admit the petitioner on regular bail.

(Para 7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Recovery of 510 intoxicant tablets of Tramadol – Petitioner is in custody for a period of 1 year, 2 months and 22 days and no other case has been pointed out against the petitioner -- No prosecution witness has been examined so far -- Considering the fact that trial in the case is not likely to be concluded in near future due to Covid-19 pandemic, this Court deems it appropriate to release the petitioner on regular bail.

(Para 6)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 – Indian Penal Code, 1860 (45 of 1860), Sections 376, 34 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 8 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Sections 3, 4 – Crime against child – Rape case – Regular bail -- Exception has been carved out for declining the bail to the juvenile who is in conflict with law i.e. he or she is likely to come in association with any known criminal or upon release on bail would expose such juvenile to moral, physical or psychological danger or that release of the juvenile would defeat the ends of justice -- For invoking such exception, there has to be some material before the competent authority -- Impugned orders completely bereft of any such reasoning -- No such material/evidence has been adverted to in the order – Revision petition allowed, impugned orders of both the Courts below set aside -- Petitioner is held entitled to grant of bail under Section 12 of the Act.

(Para 10-14)

Indian Penal Code, 1860 (45 of 1860), Sections 379-B, 120-B, 201, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Beating and snatching – Regular bail -- Petitioner was named in the disclosure statement and recovery of Rs.15,000/- was made from him -- No case pending against the petitioner -- Challan has been presented and charges framed but no witnesses have been examined -- Considering that during the pendency of the trial, the general rule is bail and not jail, investigation is complete, the conclusion of the trial is likely to take time -- Emerging of the name of the petitioner in the disclosure statement made to the police itself makes prima facie arguable issue for the petitioner -- Petitioner is granted bail.

(Para 2-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18, 29 – NDPS case – Regular bail -- Recovery of contraband from co-accused – Petitioner nominated on disclosure statement of co-accused – Petitioner in custody since 08.05.2020; investigation is complete as the challan has already been presented; no recovery was effected from him and conclusion of trial will take sufficient time because of limited working of the courts due to Covid-19 pandemic -- Petition allowed and the petitioner is directed to be released on regular bail.

(Par 2-5)

Indian Penal Code, 1860 (45 of 1860), Section 379-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Snatching of mobile and cash – Regular bail -- A mobile phone was recovered from the petitioner on the basis of his disclosure statement and nothing remains to be recovered from him -- Challan has been presented and no useful purpose would be served by further detaining the petitioner in custody -- Moreover, conclusion of the trial will take some time keeping in view the prevailing pandemic situation – Appropriate to release the petitioner on regular bail.

(Para 2,6,7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 -- NDPS case – Supplier of contraband – Regular bail -- Petitioner provided 200 intoxicating capsules (Salt Tramadol) to co-accused -- Name of the petitioner was disclosed by co-accused and he is behind bars since 04.08.2020 -- Main accused has already been granted the concession of regular bail -- Trial of the case will take long time, no useful purpose would be served by keeping the petitioner in custody -- Petition allowed, petitioner is ordered to be released on bail.

(Para 6-8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Commercial quantity – Regular bail -- Recovery of 53.1 kg Poppy Straw is marginally above the commercial quantity – Petitioner remained in detention for almost 07 months – Not involved in any other case under the NDPS Act -- Charges have been framed, trial is likely to take its own considerable time due to ongoing Covid-19 Pandemic -- Regular bail allowed.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Section 324, 323, 379-B, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Snatching – Regular bail – Out of three other cases, petitioner is on bail in two and in third case after conviction on bail in pending appeal – In present case only non-bailable offence u/s 379-B of the IPC -- An amount of Rs.3,000/- was snatched away from the pocket of the complainant by the accused persons named by him, which included 7 other culprits apart from the petitioner and it was not alleged that the petitioner alone was the one who robbed the complainant of this amount -- Long detention since 13.07.2020, petitioner is ordered to be released on regular bail.

(Para 4-6)

Indian Penal Code, 1860 (45 of 1860), Sections 34, 363, 366, 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 3 and 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape and kidnapping of girl-child – Regular bail -- Petitioner was not initially named as an accused in the FIR -- Implicated only upon the disclosure statement of the named accused – Case of the complainant was that her daughter had been enticed away by the named accused on the pretext of marriage -- Complainant did not name the petitioner as being involved -- Victim girl did not even mention the petitioner's name in her statement made before the police -- Named accused has already secured bail in this case -- Challan has already been filed -- No specific overt acts have been attributed to the petitioner -- Petition allowed, direction given to release the petitioner on regular bail.

(Para 2-4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 446 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 142 – Cheque bounce case -- Non-appearance in Trail – Presence ordered to secure through warrant of arrest -- Anticipatory bail -- On account of an accident accused got fracture on his leg and could not appear -- Resultantly, his presence was ordered to be secured through warrant of arrest – Petition disposed of, accused shall surrender before trial Court within fifteen days positively and on surrender, he shall be enlarged on bail on his furnishing personal/ surety bonds to the satisfaction of trial Court -- Trial Court is at liberty to initiate proceedings u/s 446 Cr.P.C. against the petitioner in accordance with law -- Meanwhile, no coercive steps shall be initiated against the petitioner pursuant to warrant of arrest already issued against him.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 302, 307, 354, 341, 323, 365, 506, 148/149 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder case – Regular bail -- S.I.T. upon examining the 'Call Detail Records', had come to a conclusion that as per 'Tower Location' information, none of the two petitioners was present at the spot at the time of occurrence – None of the petitioners is attributed the fatal blow either as per the FIR or as per the supplementary statement made by the complainant -- Petitioners have been behind bars since the last more than 6 months and challan already stands presented -- None of the petitioners is stated to be involved in any other case, as per the custody certificate -- Petitioners are ordered to be released on bail.

(Para 7,8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Official Secrets Act, 1923 (19 of 1923), Sections 3, 4, 5, 9 – Indian Penal Code, 1860 (45 of 1860), Sections 120-B -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21-A, 27, 29 – Supply of secret information to Pakistan -- Anticipatory bail -- Allegations against the petitioners are that they are working against the country and are involved in not only in drug smuggling but also in supplying the secret information of the Indian Army to the Pakistan – Army and the para-military personnel are loosing their lives when cross-border firing happens and the allegations in the FIR that the accused persons are passing on the information of training and movement of the Indian Army make them soft target by the Pakistani agencies -- Petitioners deserves no concession of pre-arrest bail – Petitions dismissed.

(Para 11-13)

Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 438 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce case – Proclaimed person – Anticipatory bail -- Petitioner ready to deposit 20% of cheque amount of Rs. 5 lacs – Held, if the accused shows his sincere intention and desire to appear before the Court, then it would not be unjustified to protect him from being arrested – Petition disposed of with a direction to the petitioner to surrender before the trial Court within 10 days, on doing so, he shall be released on bail subject to his furnishing fresh bail bond/surety bonds to the satisfaction of the trial Court and further subject to the condition that he would deposit Rs. 1.00 lac with the trial Court by way of demand draft in favour of Judicial Magistrate Ist Class and the said demand draft be deposited in a fixed deposit with bank, fetching the maximum rate of interest.

(Para 3, 7, 8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 160, 438, 482 – Blanket Anticipatory bail – Alleged,  due to participation in the protest of the Farmers' Bill, 2020, the police are running after petitioners to implicate in some false case apart from harassing and humiliating them by conducting raids at their houses under the influence of the senior leaders of the ruling party -- Without commenting upon the merits of the case or opining on the veracity of the allegations the petition disposed of with a direction that in case the presence of the petitioners is required in connection with the investigation of any case, procedure as contemplated under Section 160 Cr.P.C be strictly followed.

(Para 3,4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 437, 439 – Statutory/ Default bail granted – Challan filed before submitting bail bonds – Cancellation of bail -- Before petitioner could furnish his bail bonds the challan was filed at about 5.00 p.m., following which, the statutory bail already granted was cancelled vide the impugned order – Impugned order set aside and a direction passed upon the Ld. Court below to accept the bail bonds, if any, in compliance of the previous order granting him statutory bail – Held, cancellation can only be ordered on merits of the case u/s 437 or 439 of the Cr.P.C., and not merely on account of the fact that challan had been presented by the I.O after the said order was passed.

(Para 2-9)

Indian Penal Code, 1860 (45 of 1860), Sections 120-B, 201, 420, 465 467, 471, 472 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Cheating and forgery – Regular bail -- Prosecution would have to secure sufficient documentary evidence to establish a case -- No purpose would be served by continuing the custodial incarceration of either of these persons at this stage as their further interrogation not required -- Petitions allowed, direction given to release both the petitioners on regular bail

(Para 8,9)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 -- Indian Penal Code, 1860 (45 of 1860), Section 376-D – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Gang rape – No physical act by petitioner – Regular bail -- As to whether or not the petitioner had any role to play in the commission of the offence by co-accused, would have to be determined by the trial Court after a full-fledged trial -- As matters stand, the medical evidence supports the innocence of the petitioner in so far as the actual physical commission of the offence is concerned -- Trial is bound to be delayed, owing to the present situation caused by the pandemic -- Petition allowed, direction given to release of the petitioner on regular bail.

(Para 5-7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Commercial quantity -- Conviction for R.I. for 10 years along with fine of Rs.1 lac – Suspension of sentence during the pendency of appeal – 66 kgs poppy husk allegedly recovered from the cabin of the truck – Appeal admitted along with stay of recovery of fine on 20.02.2020 – Applicant/appellant no. 1 already undergone 02 years, 03 months and 03 days of actual sentence as on 19.08.2020 -- He is not involved in any other NDPS case, though he is involved in the offence under IPC -- Appeal is of the year 2020, it may take some time in its final culmination -- Application allowed -- Remaining sentence of the applicant-appellant No.1 ordered to be suspended, during the pendency of the appeal.

(Para 3-9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 302, 201, 404, 392, 34 – Murder case – Regular bail -- Petitioner has been in custody since 11.08.2018; statement of material witness has been recorded and the courts are not functioning at their full strength due to Covid-19 pandemic, no useful purpose would be served in keeping the petitioner behind bars -- Petition allowed and the petitioner is directed to be released on regular bail.

(Para 5-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21, 29, 61, 85 – Commercial quantity – Recovery of 350 grams intoxicant powder, having salt Diacetylmorphine – Regular bail -- Regular trials are not being taken up by the trial Courts -- Accordingly, considering the long custody of about 2 years, 3 months and 15 days, there being no other case against the petitioner and the trial not likely to be concluded in the near future on account of Covid-19 pandemic, High Court deemed it appropriate to admit the petitioner on bail.

(Para 9, 12)

Indian Penal Code, 1860 (45 of 1860), Sections 302, 307, 427, 435, 148, 149 -- Arms Act, 1959 (54 1959), Sections 25, 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder case – Proclaimed offender – Regular bail -- During investigation, petitioner was found to be innocent -- Challan was presented against co-accused -- In a criminal complaint petitioner was also summoned and was ultimately declared as proclaimed offender – Challan as well as criminal complaint were clubbed and co-accused were convicted – Petitioner being P.O., FIR u/s 174-A IPC was recorded -- Petitioner has been granted bail in the said FIR -- Petitioner was also granted bail in FIR u/s 25/54/59 of Arms Act and was released on bail -- Without adverting to the merits of the case, it can be appreciated that the petitioner was found to be innocent in FIR and his name was placed in column No.2 -- It was only in a criminal complaint that the petitioner was summoned along with others --Complicity of the petitioner would remain debatable -- It would be just and appropriate to enlarge the petitioner on regular bail.

(Para 2-15)

A. Indian Penal Code, 1860 (45 of 1860), Section 120-B, 366 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Kidnapping – Appellants facilitating procurement of Sim Card – Conspiracy – Suspension of sentence during pendency of appeal -- Sim card was allegedly used by co-accused and his colleagues in the commission of offence of kidnapping -- Whether the appellant was a party to the agreement to do or caused to do the illegal act of kidnapping to be a member of the criminal conspiracy -- No substantial evidence that the appellant was aware that the sim card would be later on or was likely to be used in the commission of the offence of kidnapping -- Sentence suspended during the pendency of the criminal appeal pending before High Court.

(Para 4-6)

B. Indian Penal Code, 1860 (45 of 1860), Section 120-A, 120-B -- Conspiracy cannot be assumed from a set of unconnected facts or from a set of conduct at different places and times without a reasonable link.

(Para 5)

Indian Penal Code, 1860 (45 of 1860), Sections 302, 201, 364, 148, 149 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 439 -- Murder case – Proclaimed offender – Regular bail – Acquittal of other co-accused – Petitioner initially was declared a proclaimed offender/person but has been arrested and is now in custody for more than nine months – None of the witnesses out of the 13 prosecution witnesses cited, has been examined, with the prevailing pandemic, where the Courts are working in a restricted mode, the trial is not likely to commence soon or conclude in near future, the present petition is allowed – Petitioner is directed to be released on regular bail.

(Para 2-5)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 1, 14 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail -- Allegations as per the FIR are that police on secret information got recovered 100 litre of Lahan from room adjoining residential house of petitioner – As per petitioner false case has been planted against him and he is a simple agriculturist and is not involved in any other case and therefore, has prayed for grant of anticipatory bail -- Petitioner is not required for custodial interrogation at all -- Petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C and would not make any default in this regard.

(Para 2-7)

Indian Penal Code, 1860 (45 of 1860), Sections 120-B, 420 – Indian Copyright Act, 1957 (14 of 1957), Sections 63, 65 -- Essential Commodities Act, 1955 (10 of 1955), Section 7 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Cheating and copy-right case – Regular bail -- Petitioner acquitted in 5 cases -- Nominated by co-accused from whom the recovery effected -- Petitioner is not a manufacturer and is only stated to be a licensed supplier – Arrested on 5.7.2020, investigation is complete, the challan presented, conclusion of trial is likely to consume some time particularly, on account of restricted functioning of the Courts due to Covid-19 pandemic -- Ordered that the petitioner be released on regular bail.

(Para 6)

A. Binding precedent -- Power of smaller Bench to say ‘per incuriam’ – A judgement may be held to be per incuriam in case it failed to notice an earlier binding precedent which covered the field -- Even in such a situation a smaller Bench cannot say that the judgement of a larger Bench is per incuriam -- The only course available to it is to make a reference to the larger Bench.

(Para 10)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36-A(4) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167, 173 -- NDPS case – Challan without report of the Chemical Examiner/Forensic Science Laboratory -- Incomplete challan -- Default bail -- By virtue of the doctrine of stare decisis, the Single Bench judgements in Akash Kumar alias Sunny (Law Today Live Doc. Id. 14977) and Shankar (CRM No. M-44412 of 2019/20th December 2019) are binding as they lay down a proposition of law although at variance with the law laid down by the Division Bench in Ajit Singh alias Jeeta (Law Today Live Doc. Id. 14121) -- Smaller Bench could not have declared the judgement of a larger Bench to be per incuriam -- Judicial discipline demands that a reference be made to a Division Bench regarding the validity and correctness of the aforementioned Single Bench judgements -- File sent to Hon'ble the Chief Justice with a request to constitute a Division Bench for consideration of this matter -- Meanwhile, direction given that petitioner be released on bail

(Para 11,12)

Indian Penal Code, 1860 (45 of 1860), Section 306, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Abetment to suicide – Regular bail -- Marriage between the deceased and the petitioner was solemnized about 12 years before the alleged occurrence and the deceased committed suicide at the place of her brother and not in her matrimonial home -- Investigation is complete and the challan has already been presented – Petitioner is behind the bars since 08.06.2020 and the trial of the case is likely to take quite some time to conclude, especially in the circumstances when the functioning of the Courts has been restricted in the wake of the outbreak of Pandemic COVID-19 -- Without expressing any opinion on the merits, petitioner ordered to be released on regular bail.

(Para 4-6)

Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 323, 324, 325, 307, 506, 427 and 120B -- Arms Act, 1959 (54 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974) -- Attempt to murder – Addition of section – Bail to accused -- Section 307 IPC does not have new genesis in the case – Earlier, police in their own wisdom had chosen to delete Section 307 IPC from the case -- On the same set of facts, the petitioner was earlier arrested, but granted bail pending trial -- Now again; merely on invoking of Section 307 IPC, Court below ordering the arrest of the petitioner – No justification for taking the petitioner into custody – Petition allowed -- In case the petitioner appears before the Illaqa Magistrate/Duty Magistrate on or before 06.10.2020, then the petitioner shall be released on bail pending trial u/s 307 IPC.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 302, 323, 325, 452, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder case – Regular bail -- Five co-accused have been declared to be innocent by the Police -- Challan has been presented, but charges have not been framed so far -- Looking to the facts and in view of the situation arising out due to COVID-19 pandemic and without adverting to the merits of the case, Court deemed it appropriate to enlarge the petitioner on regular bail.

(Para 3-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Out of 13 prosecution witnesses, 4 witnesses have been examined and 5 have been given up -- Petitioner is in custody since 16.07.2020 after availing an interim bail – Looking to the facts and in view of the situation arising out due to COVID-19 pandemic and without adverting to the merits of the case, Court deemed appropriate to enlarge the petitioner on regular bail.

(Para 7-10)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Petitioner is in custody since 11.12.2019 -- Trial is likely to consume considerable time in the wake of outbreak of global pandemic, namely, COVID-19 -- Apart from that, the courts are not fully functional and are doing minimal working -- Further detention behind the bars may not be justified -- Resultantly, without meaning any expression of opinion on the merits of the case, Court ordered that the petitioner be released on regular bail. Ravi Kumar’s case 2019 (4) R.C.R. (Criminal) 714 relied.

(Para 5)

Indian Penal Code, 1860 (45 of 1860), Sections 376-D, 420, 367, 370 – Punjab Prevention of Human Smuggling Act, 2012 (Punjab Act No. 2 of 2013), Section 13 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Regular bail -- Complainant has not supported the case of prosecution -- Trial is likely to take some time to conclude as owing to novel corona virus pandemic, Courts are not working at their full strength and ordinary hearing matters are not being taken up -- No useful purpose would be served by keeping the petitioner behind bars -- Petition allowed and the petitioner is directed to be released on regular bail.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 336, 148, 149 -- Arms Act, 1959 (54 1959), Section 25 and 27 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Attempt to murder – Regular bail -- Injured has fully recovered -- Petitioner is in custody for over 02 years and 05 months -- Covid 19 pandemic and the conclusion of the trial is likely to take some time -- Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 308, 323, 341, 148, 149 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- No 'grievous injury' was found to have been sustained by the complainant – One injury on the middle of head was opined to have been dangerous to life – Petitioner alleged to have given a blow with base ball bat on the left side of head of the complainant -- Petitioner having been behind bars since the last more than 7 months and not having been attributed the injury, which has been declared as dangerous to life,  further detention of the petitioner will not serve any useful purpose -- Petitioner is ordered to be released on bail.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Sections 452, 427, 506, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 439 – Proclaimed offender – Acquittal of other co-accused – Pendency of 9 other cases – Regular bail -- Petitioner was declared P.O. on 24.04.2011 and he surrendered on 15.01.2020 – Other three accused acquitted after trial, complainant turned hostile and other alleged eye-witness was not even examined -- Held, fate of the case practically stands sealed by the acquittal judgment in relation to the co-accused of the petitioner -- There is no possibility of the case improving against the petitioner at this stage -- Mere pendency of other FIRs may not be reason enough to deny bail to him -- Securing his custody for the purpose of the other cases through the process of this case would not be a lawful measure -- Petition allowed – Direction given to release the petitioner on regular bail.

(Para 1-7)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 307, 452, 188, 34 -- Arms Act, 1959 (54 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Attempt to murder – Regular bail – Simple injuries and blunt in nature and no fire-arm injury attributed to the petitioner -- Recovery of pistol effected from the petitioner and there are several FIRs against him -- He is in custody since 06.04.2020, no grievous injury amounting to offence u/s 307 IPC -- After presentation of challan on 29.05.2020, 16 witnesses are required to be examined -- Trial is not likely to conclude in near future keeping in view COVID-19 situation -- No need to detain the petitioner any longer -- Petition allowed, petitioner is ordered to be enlarged on bail.

(Para 4-6)

Indian Penal Code, 1860 (45 of 1860), Section 302 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder case – Regular bail -- As per FIR, the petitioner and the co-accused have given a lathi blow on the head of deceased – Held, trial Court is yet to decide the culpability of the accused as which of the accused i.e. the petitioner or the co-accused has caused injury on the head of the deceased, as it is conceded case of the parties that there is only one injury on the head of the deceased -- Petitioner being in custody for about 3 years and 9 months and on account of prevailing COVID-19 pandemic situation, there is a remote possibility for resumption of regular trial in the coming time – Petitioner admitted on regular bail.

(Para 7)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6, 17 -- Indian Penal Code, 1860 (45 of 1860), Section 368, 372, 373 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape case – Regular bail -- Neither the prosecutrix nor her father supported the case and declared hostile -- In her statement u/s 164 CrPC, which was recorded on the same date of registration of FIR, the prosecutrix has specifically stated that the petitioner has not committed rape upon her --  Petitioner is in custody since 19.10.2019 and due to Covid-19, trial in the case will take sufficient long time, Court deemed it appropriate to release the petitioner on regular bail.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 376(n) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape – Regular bail -- Petitioner is in custody since 11.04.2019 and statement of the prosecutrix has been recorded, coupled with the fact that the trial is likely to take some time to conclude as owing to novel corona virus pandemic, Courts are not working at their full strength and ordinary hearing matters are not being taken up -- No useful purpose would be served by keeping the petitioner behind bars – Petition allowed -- Petitioner is directed to be released on regular bail.

(Para 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Recovery of 126 kg of poopy husk from co-accused -- Regular bail -- Name of the petitioner has surfaced in the case during interrogation through the disclosure statement of the co-accused -- Nothing has been recovered from the petitioner and he was not even named in the secret information – Petition allowed -- Petitioner is ordered to be released on bail.

(Para 3, 4)