Showing : 31-40 of 51 Results

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 438, 439-- Bail - The distinction between an order in terms of Section 438 and that in terms of Section 439 is that the latter is passed after arrest whereas former is passed in anticipation of arrest and becomes effective at the very moment of arrest...........
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..........
GUJARAT HIGH COURT
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 438, 439-- Successive bail applications - Subsequent bail application to be placed before the same Judge who disposed of the earlier application - This also applies to anticipatory bail applications - Application made after filing of charge sheet is successive bail application - Application for cancellation..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 438, 439-- Accused granted pre-arrest bail for three months - Accused did not surrender despite availing benefit of pre-arrest bail - Accused lost all benefits of regular bail in view of his conduct...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 438, 439-- Cheating case - Pre-arrest bail granted till regular bail application was decided by Court - Regular bail application rejected - Accused was required to surrender after availing benefit of pre-arrest bail - In view of conduct of accused he is directed to pay a cost of Rs.10,000/- to be paid to..........
KERALA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail and anticipatory bail - It is not mandate of law that application in the first instance should be filed before Sessions Court - An applicant cannot be thrown out if coming directly to High Court on the ground that he has failed to approach the Sessions Court - Applicant is not required to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 438, 439-- Anticipatory bail - Once application for regular bail is filed then right of anticipatory bail is not available...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 438, 439-- Anticipatory bail - Declined - However, accused given protection from arrest for 8 days to enable him to apply for regular bail - Application for regular bail also dismissed - Accused thereafter cannot apply for anticipatory bail to High Court - Once accused has chosen to move trial Court for..........

Showing : 31-40 of 51 Results