Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A(2), 341 -- Anticipatory bail - Outraging modesty of woman - Delay of 2-1/2 years in lodging FIR - Delay in the matter of sexual offence though does not have much significance, but considering the fact that victim is a very educated lady, she should explain the delay satisfactorily -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Normally, anticipatory bail cannot be granted for a limited period however, if facts and circumstance so warrant, Court would be justified in limiting it for a particular period...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted till framing of charge - Reasons for limiting anticipatory bail for a particular period not mentioned by High Court - Part of impugned order which restricts anticipatory bail upto framing of charge quashed and set aside...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Maintainable on fresh grounds and where reason for rejecting first bail application has been washed off...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Accused has undergone kidney transplant and he is prone to infections - In such condition, if accused is taken into custody for any reasons, his life would be endangered - However, accused may not take benefit of his physical/mental condition and he will cooperate with trial proceedings to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused pleaded that he joined the investigation and charge sheet has been filed and since he was not arrested, he is thus, entitled to anticipatory bail - However, correct approach would have been for accused to apply for regular bail, as person need not be produced in custody on charge sheet being filed -..........
Criminal Procedure Code, 1973, Section 439, 438 -- Bail - Bail applications whether it is pre-arrest bail or post arrest bail must be decided as expeditiously as possible and not to be posted in due course of time...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Prosecutrix categorically stated that accused entered into physical relationship with her, despite her reluctance, refusal and denial - Passive submission on the part of prosecutrix to the act, cannot be construed as a circumstance to hold that it was a case of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Anticipatory bail - Rape - Incident occurred five months before FIR was lodged - Case of anticipatory bail is made out in view of attending circumstances - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Applicant is under apprehension of his arrest, therefore, his application u/s 438 Cr.P.C. is maintainable...........
