Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B -- Default bail - For grant of default bail, Court has to see the maximum awardable punishment and not the minimum awardable punishment...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 376, 498A, 406 -- Bail - Grant of - Petitioner is in custody for last about 4 months - He is no longer required for purpose of investigation - Challan has already been presented in Court and conclusion of trial is likely to take time - Mother and brother of petitioner have been allowed..........
Indian Penal Code, 1860, Section 366, 376, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioner has already joined investigation - He is no longer required for further interrogation - There is no history of his previous involvement in any other criminal case - Since police has not submitted final police report, so, conclusion of trial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328 -- Anticipatory bail - Grant of - Petitioner raped and blackmailed victim by taking objectionable pictures - Held, benefit of anticipatory bail cannot extended as offence alleged is of serious nature - Petition dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(G), 342, 372, 373, 120B -- Regular bail - Grant of - After lodging of report investigating agency had got the statement of prosecutrix recorded by Magistrate - Said statement of prosecutrix is self explanatory which reveals that no offence what-so-ever had been committed by..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376,506 -- Suspension of sentence and grant of bail during pendency of appeal - Conviction u/ss 376 & 506 IPC - Appellant was on bail during the course of trial - Also granted interim bail on as many as three occasions and he did not misuse his liberty - Appellant already undergone almost 6-1/2..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 342, 506, 3(1)(xii) - - Bail - Grant of - Shifting statement of victim from time to time to investigating officer - In statement recorded u/s 164 of CrPC, she has again changed her earlier version and deposed against accused applicant - Prosecution story is full of improbabilities..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 376(2)(g) -- Juvenile - Gang rape - Grant of bail - Minor girl aged 14 years gang raped - Accused a juvenile arranged for country made pistol - Kidnapped girl on gun point from midst of marriage procession and raped her with his friends - Held, conspiracy was hatched..........
