Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Successive bail applications - Maintainability - Earlier bail applications withdrawn does not bar a fresh bail plea where custody continues. (Para 7)
Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Successive bail applications - Maintainability - Every day spent in custody can furnish a fresh cause for moving bail and successive application can be considered on its own merits. (Para 7)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.37, Criminal Procedure Code, 1973, S.436-A - Bail - Contraband - Prolonged incarceration and trial delay - Constitutional guarantee of personal liberty and mandate of S.436-A Cr.P.C. permit consideration of bail notwithstanding embargo in S.37 of NDPS Act,...
Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Bail - Law prefers bail over jail — Detention prior to trial should not become punitive and prolonged detention is itself a ground for reconsideration of bail. (Para 7)
Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.37, 20-C, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Bail - Recovery of 34 kg ganja from vehicle - Commercial quantity - None of 23 PWs examined - Trial is not likely to be concluded in near...
Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Bail - On parity basis - Co-accused already granted regular bail is a relevant factor along with long incarceration and delay. (Para 12)