Showing : 461-470 of 1123 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Necessarily involves the review of a decision already made, it should always be exercised very sparingly by the court of law...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 477A, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d)- - Bail in economic offences - Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail - While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 65, Criminal Procedure Code, 1973, Section 439-- Grant of bail - Recovery of 56 gms of smack from petitioner - Keeping in view quantity of smack, petitioner ordered to be referred to de-addiction centre for carrying out his urine or blood test in respect to his addiction - Medical Board opined that there is no test available in de addition..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of anticipatory bail - Bail obtained by concealing material facts - False and irrelevant facts considered - Accused not appearing in response to call of investigation officer and failing to furnish bail bonds as ordered - Fact of pendency of several other criminal cases not brought to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Petitioner not named in FIR - His name appeared in supplementary statement eight days after the occurrence - The role of petitioner was that he was present at the spot and escaped on motor cycle with co-accused - Petitioner in custody since 19.8.2012 - Petitioner, held, entitled to bail -..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Grant of - Cheating - Accused/Managing Director of company entered into agreement to sell plots on receipt of full payment - Company not in possession of genuine transferable/saleable homestead land - Documents pertaining to land in question already seized by income tax department - Accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 302, 120B, Arms Act, 1959, Section 25-- Bail - Offence u/ss 148, 302, 120-B IPC and S.25 Arms Act - Allegations not made against petitioner in the first instance - Complainant and all material witnesses failed to support the prosecution case - Bail granted...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Held, if Court granting bail on being moved by an application u/s.439(2) Cr.P.C. finds that accused while on bail has misused his liberty and has acted in such manner which is prejudicial to case of prosecution e.g. has attempted to gain over witnesses, has committed further..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Suo moto exercise of power by High Court - Held, High Court can invoke power u/s. 439(2) Cr.P.C. by initiating suo motu proceeding for cancellation of bail if grounds mentioned therein are prima facie made out...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 439-- Grant of bail - Interference with in writ jurisdiction - Held, power to grant bail by Sessions Judge is a discretionary power - Such power should not be arbitrarily used - However, if Sessions Judge, on perusal of materials comes to conclusion that it is a fit case where bail should be granted,..........

Showing : 461-470 of 1123 Results