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Supreme Court & High Courts Judgments
Bail is rule but it cannot be said that anticipatory bail is rule..
Punjab & Haryana High Court
Commercial Quantity--Recovery memo does not bears the signatures of the petitioner--Bail granted..
Plea of Alibi -- Petitioner was summoned under S.319 CrPC -- CD of the CCTV footage and pen drive in question were handed over to SHO by a third party -- Application under S.311 CrPC/S.348 B..
FIR involving Public Servant can be quashed wherein the dispute between the parties is primarily private/individual in nature but not where the offence is inherently in discharge of his/her ..
Main accused have already been granted bail -- Exact role of petitioner shall be examined during trial -- Petitioner has been in custody for about 10 months -- No PW has been examined so far..
Commercial Quantity -- Long Custody of about 10 months -- Not a single witness has been examined till date -- Article 21 of Constitution will override S.37 NDPS -- Bail granted..
On the intervention of the High Court, DGP Punjab has issued circular in this regard -- Directions issued that circular shall be implemented in its true letter and spirit..
From date of affixation and date of appearance mentioned therein, there should be period of 30 days..
Offence under S.138 N.I. Act can be compounded only with the consent of the complainant..
It cannot be done only on the basis of affidavits of private witnesses..
Supreme Court
Such plea cannot be raised after taking of cognizance by the CBI Court..
Post Mortem Report by itself, cannot be made the sole basis for discharge of the accused -- Application under S.227 CrPC dismissed..
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