Indian Penal Code, 1860 (45 of 1860), Sections 364, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 -- Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 – Bail to juvenile – Right of -- Intention of the legislature is to grant bail to the juvenile irrespective of the nature or gravity of the offence, alleged to have been committed by him and the same can be declined only in case where reasonable grounds are there for believing that the release :

--       is likely to bring him into the association of any known criminal or

--       expose him to moral, physical or psychological danger or

--       that his release would defeat the ends of justice.

Juvenile is entitled to bail as a matter of right unless the case falls in the exceptions carved out in the provision itself but nothing was available on record to show that any of the three exceptions specified under Section 12(1) of the Act was existing -- Both the Courts below have not satisfied the requirement of provisions of Section 12(1) of the Act and without having any material on record, the bail application of the petitioner has been declined -- Impugned orders are not sustainable in the eyes of law and as such, are liable to be set aside -- Petitioner is directed to be released on bail.

(Para 10-13)

Companies Act, 2013 (No. 18 of 2013), Section 212(1)(c), (6), (15) – Limited Liability Partnership Act, 2008 (6 of 2009), Section 43(2), (3)(c)(i) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 309 – Custody of 60 days – No-cognizance taken by Court – Power of remand – Default bail – Held, section 309 Cr.P.C., would come in to operation only after taking cognizance -- It is undisputed that remand cannot be beyond 60 days u/s 167 Cr.P.C. and further remand could only be at post cognizance stage -- Petitioners are lying incarcerated in custody beyond the period of 60 days without the trial Court having taken cognizance and the petitioners, in such circumstances, are entitled to statutory bail, it being their indefeasible right – Petitioners are ordered to be released on bail.

(Para 1, 18-24)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 21, 29, 61, 85 – NDPS matter – 1.5 kg of Heroin -- Regular Bail – Custody since 21.01.2018 -- Indictment of the petitioner on the basis of disclosure statement suffered by co-accused -- Petitioner was not travelling in the said bus from where the alleged contraband was recovered from possession of co-accused -- Trial of the case is likely to take time – Petition allowed, petitioner is ordered to be released on regular bail.

(Para 4,5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 438 -- Indian Penal Code, 1860 (45 of 1860), Section 420, 465, 467, 468, 471 – Default bail given – New sections/offences added – Anticipatory bail applied -- Petitioner was given benefit of bail u/s 167(2) Cr.P.C. as challan was not presented against him – Main case of the prosecution remains the same regarding disproportionate assets – Held, if some other offences have been added in the FIR, even then, the petitioner is not required for further interrogation purposes etc. – Petition allowed, in the event of arrest, the petitioner be released on bail in newly added Sections 420, 465, 467, 468 and 471 IPC.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Sections 285, 304-A, 34, 384, 447 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Death by negligent act – Anticipatory bail -- Fire had been caused due to a blast of LPG cylinder in an adjacent hut and that Contractor, who is charging an amount of Rs.1500/- per hut illegally, had not made any arrangements for extinguishing fire – It would certainly be debatable as to whether the petitioner was under any kind of statutory or contractual obligation to provide for fire extinguishers or for such like facilities in the huts constructed on land – Petition accepted and the interim directions made absolute.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Section 406, 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Cheating -- Anticipatory bail -- Condition requiring the appellant to pay a sum of Rs.20,00,000/- (Rupees twenty lakh), that too directly to the informant/complainant, is harsh and unacceptable -- Condition set aside -- Appellant must comply with other conditions specified in the impugned order for availing the benefit of anticipatory bail.

(Para 5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cancellation of anticipatory bail – Opportunity of hearing – Requirement of – When the order was passed by the High Court, the appellants were not present either in person or through counsel – Order passed by the High Court set aside, matter remitted before the High Court to pass a fresh order after hearing the appellants on the application for cancellation of bail, in the interest of justice.

(Para 3-5)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36-A(4) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 173 – NDPS Matter – Chemical Examination Report – Requirement of -- Chemical Examiner's report is an essential; integral and inherent part of the investigation under the N.D.P.S. Act as it would lay the foundation of an accused's culpability without which a Magistrate would not be enabled to form an opinion and take cognizance of the accused's involvement in the commission of offence under the Act.

(Para 25-28)

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(2), 173 -- NDPS Matter – Investigation Report -- Chemical Examination Report – Default bail – Right of -- It is essential that the report of the Chemical Examiner be included in the report under Section 173 Cr.P.C. and without which it can at best be termed to be an incomplete challan -- If it is not submitted within the requisite period of 180 days, it would essentially result in a default benefit to the accused unless an application is moved by the Investigating Agency apprising the Court of status of investigation with a prayer for extension of time to the satisfaction of the Court.

(Para 26)

Code of Criminal Procedure, 1973 (2 of 1974), Section 441 -- Involvement in 31 cases – Bail by trial court -- Number of Sureties – Submission that the petitioner is unable to execute the bail bonds because of the onerous conditions of bail imposed particularly the condition of producing 31 sureties – Order modified to the extent that petitioner shall execute a personal bond for Rs. 30,000/- and there shall be two sureties who shall execute the bond for Rs. 30,000/- -- Court clarified that the personal bond so executed by the Petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases.

(Para 6-8)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61/1/14 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail – Ad-interim bail was granted on the contention that FIR registered on the basis of secret information, 720 bottles of country made liquor were recovered from the fodder room which belongs to the petitioner and he is not involved in any other case – Petitioner has joined the investigation, and he is no more required for further investigation – Interim bail order made absolute.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 406, 467, 468, 471, 506  -- Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 437(6) – Magistrate Trial -- Trial not concluded in 60 days – Right to bail -- Prosecution applied u/s 319 Cr.P.C to the trial Judge and by now two adjournments have been granted for arguments on the said application -- Provision appears to be mandatory, as is clear from the language used in sub-section 6 of Section 437 Cr.P.C. -- 60 days is already over since the first date of taking the case, the petitioner would be entitled to grant of bail -- Petition allowed.

(Para 1-4)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Proclaimed offender in cheque bounce case – Anticipatory bail -- Point for determination is whether the petitioner has been rightly declared proclaimed offender -- Otherwise also, the offence u/s 138 of the Act is bailable in nature -- Petitioner has already given an undertaking that he would submit to the process of law and would furnish the bail bonds to the satisfaction of the trial Court – Direction given to the petitioner to appear before trial court and furnish bail bond has been complied with – Interim order is made absolute.

(Para 6-8)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 41 – Arrest of accused – Procedure of -- All cases where the arrest of a person is not required u/s 41(1), the police officer is required to issue notice directing the accused to appear before him at a specified place and time -- Law obliges such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless for reasons to be recorded, the police office is of the opinion that the arrest is necessary -- At this stage also, the condition precedent for arrest as envisaged u/s 41 Cr.PC has to be complied and shall be subject to the same scrutiny by the Magistrate.

(Para 10)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 41 – Indian Penal Code, 1860 (45 of 1860), Section 498-A etc. -- Dowry Prohibition Act, 1961, (28 of 1961), Section 4 – Contempt of Courts Act, 1971 (70 of 1971), Section 12 – Dowry case – Offence punishable upto seven years -- Arrest of accused – Procedure of -- Practice of mechanically reproducing in the case diary all or most of the reasons contained in Section 41 Cr.PC for effecting arrest be discouraged and discontinued -- Police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically – Following direction given:

-- (1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

-- (2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);

-- (3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

-- (4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

-- (5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

-- (6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

-- (7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

-- (8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

Directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

(Para 11-13)