Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - An application for "anticipatory bail" in anticipation of arrest can be moved by accused at a stage before an FIR is filed or at a stage when FIR is registered but charge sheet has not been filed and investigation is in progress or at a stage after investigation is concluded - Power to grant "anticipatory..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Should not invariably be limited to a fixed period - It should inure in favour of accused without any restriction on time - Normal conditions u/s 437(3) r/w S.438(2) should be imposed - If there are specific facts or features in regard to any offence, it is open for Court to impose any appropriate condition..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Criminal Procedure Code, 1973, Section 438 -- Grant of anticipatory bail - Challenge as to - Accused not cooperating with investigation, as a result further investigation could not be proceeded and charge sheet is yet to be filed - However, counsel of accused stated that accused is ready to render all cooperation with I.O - Since anticipatory bail was granted way back in..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3 -- Anticipatory bail - Bar contained u/ss 18, 18-A of SC/ST Act - Offence u/s 3 of the Act - Allegations made in FIR directly attributed to petitioner - Matter is under investigation and not completed yet - Custodial interrogation is..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Sting operation - Indulging in sting operation purportedly in public interest does not immunize an individual from criminal liability, more so when materials collected in course of investigation show activities of petitioners do not appear to be so altruistic as contended but portends of blackmail and..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Material on record disclose a deep rooted conspiracy to extort politicians by luring them with women and money - Offences of conspiracy and extortion not added to FIR, as materials collected during investigation disclose a much more serious offence than what is portrayed in FIR - Considering gravity of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 188, Explosives Act, 1884, Section 9B -- Anticipatory bail - Offence u/ss 420, 188 IPC and S.9-B of Explosive Act - Recovery of crackers - Petitioner is a valid licence holder for storing crackers under Explosive Act and said licence is renewed from time to time - However, validity of said..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406 -- Anticipatory bail - Dismissal of application on ground of non-deposit of amount - Second application for anticipatory bail - Maintainability - Only allegation against petitioner is that he had not deposited the amount - Now, petitioner has deposited the amount with interest - In view of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 506(2) -- Anticipatory bail - Offence u/ss 504, 506(2) IPC - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail granted to accused with conditions - Despite order granting anticipatory bail, it would be open for..........
