Showing : 1-10 of 2660 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..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Offence alleged grave and serious and several cases pending against accused - These factors by themselves not a basis for refusal of prayer for bail...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Appeal against grant of bail - No materials that order granting bail suffers from no, application of mind or the reason for granting bail is not borne out from a prima-facie view of the evidence on record - Offence alleged no doubt is grave and serious and there are several criminal cases..........
BOMBAY HIGH COURT
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8-- Bail - Kidnapping and rape - Victim left home of her parents secretly with her belongings by her own will and she had surrendered to physical desires of accused out of her love and affection for him - It is not the case of prosecution that accused had promised to marry her - Though victim was..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - If Court granting bail ignores relevant material indicating prima facie involvement of accused or takes into account irrelevant material, which has no relevance to question of grant of bail to accused, High Court or Sessions Court would be justified in cancelling bail...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 148, 149, 120B-- Cancellation of bail - Murder - Entire material was perused before grant of bail - It is not the case of either complainant or State that irrelevant considerations have been taken into account by Sessions Court while granting bail to accused - Order granting bail by Sessions Court cannot be termed..........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Petitioner has joined investigation - Custodial interrogation of petitioner not required - Interim bail made absolute subject to conditions...........

Showing : 1-10 of 2660 Results