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...(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not ...opposes the bail application, no accused shall be released on bail, unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of ...guilty of the offences with which he is charged and further that he is not likely to commit any offence while on bail. It has further to be noticed that the con...
...grant bail is circumscribed by the provision of Section 37 of the NDPS Act. It can be granted in a case where there are reasonable grounds for believing that the accused is not guilty ...reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail....,(i) there are reasonable grounds for believing that the accused is not guilty of such offence; and(ii) that ...
...Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and ...bail application, and (2) satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of such offence and that ...accused is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. The conditions are cumulative and not alter...
...court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not ...fulfilment of two conditions i.e (i) where there are reasonable grounds for believing that the accused is not guilty of the offence and (ii) that he is ...satisfied. They are; the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty and that he is not likely to c...
...application for such release, and(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he ...believing that the person is not guilty of such offence; (2) that person is not likely to commit any offence while on bail....that he is not likely to commit any offence while on bail.(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are...
...public prosecutor has been given an opportunity to oppose the bail application; and (ii) the court is satisfied that there are reasonable grounds for believing that he is not guilty ...grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.”...believing that he is not guilty of such an offence and that he is not likely to commit any offence while on bail....
...) where the Public Prosecutor oppose the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such ...opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that ...enlargement on bail of any person accused of commission of an offence under the Act, if in custody, unless two conditions are satisfied. The first condition is that the prosecution must be given a...
...of Section 37 of the NDPS Act contain stringent requirements before an application for bail can be allowed. The learned Additional Solicitor General submits that one of the requirements is that “t...that he is not likely to commit any offence while on bail”. It was urged that in a case such as the present where the conviction is under the provisions of Sections 23(c...Public Prosecutor opposes the application, unless the Court is satisfied “that there are reasonable grounds for believing that he is not guilty of such offence ...
...of the court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. It can be granted in case there are reasonable grounds for believing that the accused is not ...(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not ...for believing that the accused is not guilty of such offence; and(ii) that he is not likely to commit an...
...that he is not guilty of such offence and that he is not likely to commit any offence while on bail....enlargement on bail of any person accused of commission of an offence under the Act unless two conditions are satisfied. The first condition is that the prosecution must be given an opportunity to...opposes the bail application, no accused shall be released on bail, unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of ...
...accomplice of Azad Parvez and all that PW 5 said is that he had seen Azad Parvez visiting the house of the petitioner and it is claimed that no other witness has so far implicate...result in conviction of the petitioner or not. At this juncture, we cannot say that the accused is not guilty of the offence if the allegations made in the charge are established...trial therein was going on in the Court of Special Judge, Balasore. It is alleged that Md. Diwan disclosed before the arresting authority that he works for Azad Parvez who does the business of...
...Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and ...defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence he ...accused is not guilty of the alleged offence; and (ii) that he is not likely to commit any offence while on bail, have to be satisfied. It is manifest ...
...believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail....(2) satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is ...been guilty of an offence punishable with death or imprisonment for life;”In other words, under Section 437 of the Code the person is not to be released on...
...opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that ...the accused is not guilty of the offence he is charged with. The reasonable belief contemplated in turn points to existence of such facts and circumstances as are suffi...twin conditions are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application; and the second, is that the Court must be satisfied that there are reasona...
...believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. Intention of .... When reasons pointed out by the Public Prosecutor are found to be sustainable, the Court has no power to grant bail unless the Court is satisfied that there are reasonable grounds for believing that he ...bail, Court has the discretion to grant bail. In such cases the Court has the discretion to grant bail even if the Court is not satisfied that there are reasonable grounds for believing that the accused ...
...believing that he is not guilty of such offence and that he is Page: 921not likely to commit any offence while on bail.”4. Bail...been enlarged on bail and that he is in detention for the last six months, that alone will not provide reasonable grounds for believing that he is not guilty ...Provisions of Gangster Act provide that a Court should not grant bail, if there are reason able grounds for believing that he is likely to commit any offence while on bail, Bail should, t...
...possession of 9 bulk liter of country made liquor without valid authority of law, which is offence punishable under Section 34(1)(a) of the Act.
2. Shri Rajesh Jain, learned coun...court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not ...grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.
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...release, and(ii) where the Public Prosecutor oppose the application, the court is satisfied that there are reasonable grounds for believing that he is ...Public Prosecutor opposes the application, the court must be satisfied that there are reasonable grounds for believing that the person is not guilty of the alleged offence and ...that he is not likely to commit any offence while on bail.(2) The limitations on granting of bail specified in clause (b...
...there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence whil...substances in the quantity of commerce and trade, bail cannot be granted until the court does not arrive at the conclusion to the effect that the accused is not guilty of such an...to believe that the accused is not likely to commit the said offence, no order of bail could have been passed in derogation of the provisions thereof. It was furthermore submitted that ha...
...believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail....believing that the accused is “not guilty of such offence” and that he is not likely to commit any offence while on bail. What is mea...for believing that the accused is not guilty of the offences with which he is charged and further that he is not likely to commit any offence ...