Showing : 1-10 of 530 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Application cannot be rejected merely on the ground that petition u/s 482 Cr.P.C. for quashing of FIR has already been rejected - Dismissal of petition u/s 482 Cr.P.C. for quashing is not conclusive and cannot be the reason to reject application for anticipatory bail...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471-- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no intention to make..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - To be heard by same judge who had disposed of first bail application in case he is available...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Maintainability of petition - High Court Registry cannot exercise power to answer maintainability of petition, as it is realm of Court - Power of judicial function cannot be delegated to the Registry - Order rejecting numbering/registration of petition by Registry set aside -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340-- Perjury - Matrimonial dispute - False statement allegedly made in anticipatory bail application by accused - However, evidence on record shows that statement made in anticipatory bail application cannot be tested against unimpeachable evidence as evidence not yet led - Moreover, report in the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 166, 174A, 218, 221, 120B-- Anticipatory bail - Offence u/ss 166, 174-A, 218, 221, 120-B IPC - Allegation against petitioner `N' to the effect that he helped petitioner `P' to get bail from Court and had not insisted on seeking any police or judicial remand - Offences u/ss 166, 218, 221, 120-B IPC are all bailable offences..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 166, 174A, 218, 221, 120B-- Anticipatory bail - Offence u/ss 166, 174-A, 218, 221, 120-B IPC - Petitioner `P' declared P.O - Although offence u/s 174-A IPC is attracted, but bearing in mind the fact that she is already appearing before trial Court in respect of main case, it is a fit case for grant of anticipatory bail to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Right to get anticipatory bail is not any fundamental right - Provision of S.438 Cr.P.C provides only a remedy to an accused and leaves extent of right to liberty to be decided by Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Concurrent jurisdiction conferred on High Court and Sessions Court to grant anticipatory bail u/s 438 Cr.P.C - However, unless there is some extraordinary or exceptional circumstance forcing accused to move directly to High Court for seeking anticipatory bail, in normal course,..........

Showing : 1-10 of 530 Results