Showing : 1-10 of 573 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - An application for "anticipatory bail" in anticipation of arrest can be moved by accused at a stage before an FIR is filed or at a stage when FIR is registered but charge sheet has not been filed and investigation is in progress or at a stage after investigation is concluded -..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Should not invariably be limited to a fixed period - It should inure in favour of accused without any restriction on time - Normal conditions u/s 437(3) r/w S.438(2) should be imposed - If there are specific facts or features in regard to any offence, it is open for Court to..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, 439(2)-- Anticipatory bail - Granted with condition that accused should not involve himself in similar or any offence - Two cases registered against accused thereafter - Mere registration of an offence is not breach of condition - Accused is innocent till he is held guilty - Order cancelling bail, set..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 438, 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Provision of S.438 Cr.P.C. stands excluded to offence under SC/ST Act - However, High Court can grant anticipatory bail in an offence under SC/ST Act by invoking provision of S.482 Cr.P.C. or Art.226 Constitution of India...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 438, 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Provision of S.438 Cr.P.C. stands excluded to offence under SC/ST Act - However, High Court can grant anticipatory bail in an offence under SC/ST Act by invoking provision of S.482 Cr.P.C. or Art.226 Constitution of India - Power to grant anticipatory bail is available to..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, 15, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Anticipatory bail - Impleadment of victim/dependent/de facto complainant - When an accused in a case under SC/ST Act takes out an application for grant of anticipatory bail, he has to necessarily implead victim/dependent/de facto complainant - It shall be duty of I.O to..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Anticipatory bail - Accused has to file a petition along with annexures containing all necessary and relevant materials - Only after judicial scrutiny of those materials and particulars, Court can come to a decision as to whether accused is entitled to anticipatory bail -..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence u/s 3 of SC/ST Act - Anticipatory bail - Complaint against petitioners that they abused complainant by referring to her community is false and mala fide - Complainant appears to be habitual late comer and when her superior officers attempted to discipline her, she chose to hit back and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail granted subject to deposit of Rs.1.50 lakhs in FDR in the name of wife - Accused discharged of all the offences alleged against him - Held, it is appellant who is entitled to withdraw the amount accrued in the fixed deposit - Wife not entitled to encash FDR which was deposited by..........

Showing : 1-10 of 573 Results