Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - High Court while granting anticipatory bail to accused has not considered the nature of allegations and seriousness of offences alleged of money laundering - Enquiry/investigation is going on against accused with..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused on bail in a bailable offence - Subsequently non bailable offence also got incorporated - Accused can seek anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Heinous offences alleged to be committed by responsible officers of State empowered with observance and implementation of law - Same is an aggravating factor to be taken note of, in deviation from general principles - If so, rigidity and not leniency is the rule of law - Anticipatory bail not granted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.438(1) Cr.P.C. applies not only at post FIR stage, but it does not require that offence must have been registered - It is contemplated by said section that if a person is going to apply for anticipatory bail, he must have a reasonable belief that he may be arrested on accusation of having committed a..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused has failed to explain as to how he has reasonable belief of being arrested by police - Law does not permit to knock at the door of Court for grant of anticipatory bail on merely vague assertions in the absence of any relevant material - Anticipatory bail rejected...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - At the instance of Juvenile - Not maintainable, as JJ Act is a comprehensive legislation containing all the provisions with regard to children in conflict with law and provisions of S.438 Cr.P.C thus, have no application being extraneous and incompatible with the JJ Act...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(20, 3(2)(va), 18, 18A -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s), 3(2), 3(2)(va), SC/ST Act - Relationship between accused and prosecutrix appears to be consensual and when it is consensual, there is no question of..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2), 3(2)(va), 18, 18A -- Anticipatory bail - Rape - Investigation of case is done and charge sheet is also filed - Mobile phone of accused is seized and he is corroborating with investigation - Physical custody of accused is..........
Criminal Procedure Code, 1973, Section 438, 357 -- Anticipatory bail - Condition to pay interim compensation to legal heirs of deceased (victim) cannot be imposed while granting anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted subject to offered payment - Process of criminal law particularly in matters of grant of bail is not akin to money recovery proceedings - Anticipatory bail can be granted irrespective of any payment or any offer of payment - Order granting anticipatory bail affirmed but condition therein of payment..........
