Showing : 1-10 of 647 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304-- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit case to grant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Anticipatory bail - Offence u/s 22 of NDPS Act - Petitioner regularly appeared before trial Court for at least 17 dates - However, only on one date, petitioner could not appear due to inadvertent mistake and bail granted to petitioner was cancelled - If accused shows his sincere intention and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 447-- Bail - Offence u/s 447 of Companies Act - Bail granted to accused without considering twin mandatory conditions for grant of bail laid down u/s 216(6)(ii) of Companies Act and no, application of mind on part of Court even u/s 439 Cr.P.C - High Court ought not to have been influenced by no, arrest..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420-- Anticipatory bail - Criminal breach of trust - Cheating - Petitioner is 80 years of age - Age though is a relevant factor for consideration of his prayer for pre-arrest bail, but taking into account the fact that petitioner along with his son/co-accused committed criminal breach of trust and..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 355A-- Anticipatory bail - Offence u/ss 354, 355-A IPC - De facto complainant forwarded her letter by post to police authorities which in turn treated as First Information Statement - Till date complainant not even bothered to report before I.O to give her statement u/s 161 Cr.P.C - I.O thus, disabled..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail and challenging order of grant of bail - Consideration applicable for cancellation of bail and consideration for challenging order of grant of bail on the ground of arbitrary exercise of discretion are different - While considering application of cancellation of bail, Court..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner is yet to be determined in totality of evidence collected on record by prosecution,..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42, 50, Criminal Procedure Code, 1973, Section 439(2)-- Contraband - Commercial quantity - Cancellation of bail - Recovery effected from a bag carried by co-accused in his hand on a public road and not from his person/body - Seizure of narcotic substance by ASI of police is not without authority of law or contravention of notification issued by State..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379-- Bail - Theft - Nine separate crimes registered against petitioner a 20 years old man - In all these cases, bail was granted to petitioner on conditions - Petitioner was ordered to execute bonds for varying amounts - He is unable to comply with conditions, therefore he approaches Court for seeking..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Addition of serious offences when accused is on bail - It is one of such circumstances, under which Court can direct accused to be arrested and committed to custody despite bail having been granted with regard to offences with which he was charged at the time when bail was considered and granted...........

Showing : 1-10 of 647 Results