Showing : 1-10 of 18 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Protection u/s 438 Cr.P.C. is available to accused only till Court summons the accused based on charge sheet (report u/s 173(2) Cr.P.C.) - On such appearance accused has to seek regular bail u/s 439 Cr.P.C. and that application has to be considered by Court on its own merits...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, 438-- Anticipatory bail - Interim order granting pre-arrest bail - Accused thereafter surrendered before trial Court and regular bail was granted - Held, when Supreme Court or High Court or Sessions Judge grants interim anticipatory bail and the matter is pending before that Court, there can be no..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 437, 438, 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12-- Bail - While considering the application for grant of bail u/ss 437, 438, 439 Cr.P.C., legislature purposely gave overriding effect of provisions of 2015 Act by clearly mentioning in S.12 of the said Act...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 437, 438, 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12-- Bail - Approach while considering the applications u/ss 437, 438, 439 Cr.P.C. is as to why applicants should be granted bail - Whereas, in an application u/s 12 of 2015 Act, approach should be that as to why there should be refusal...........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail u/ss 438 or 439 Cr.P.C. - Concurrent jurisdiction is invested in Sessions Court and in High Court - Normally a person/accused should exhaust his remedy before Sessions Court before making an application before High Court u/ss 438 or 439 Cr.P.C. - However, in exceptional circumstances accused..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail and anticipatory bail - Principles to be followed for granting regular bail or anticipatory bail have to be applied according to the facts and circumstances of each case - Except for indicating the broad outlines for grant of bail and/or anticipatory bail, no strait jacket formula can be..........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 439, 438-- Bail - Accused granted anticipatory bail till filing of charge sheet - Accused applied for regular bail before filing of charge sheet - Held, when an accused, remaining under the protective umbrella of anticipatory bail appears before the competent court and moves for regular bail, it would be..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 438, 439-- Anticipatory/Regular bail - For making an application u/s 439 Cr.P.C. the fundamental requirement is that the accused should be in custody - If an accused is granted anticipatory bail u/s 438 it is for the limited duration during which accused has to move for regular bail u/s 439 Cr.P.C. - Accused..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 439, 438-- Anticipatory bail granted for four weeks - During this period respondent applied for regular bail - Bail application rejected - Sessions Court also declined regular bail - Bail application moved before High Court - During pendency of regular bail application ad-interim anticipatory bail allowed -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 438, 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(5), (10)-- Anticipatory bail - Offence under SCST Act - Ten years elapsed when FIR was registered - Accused directed to seek regular bail from trial Court - Arrest of accused stayed till his bail application is considered and disposed of by the trial Court and in case bail application is declined, arrest of..........

Showing : 1-10 of 18 Results