Showing : 1-10 of 50 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V)-- Bail - Abduction and rape - Prosecutrix is major and married lady and she lived with accused for about 3 to 4 years as per own free will - Relations between prosecutrix and accused were consensual - Bail granted...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 323, 394, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d), 3(2)(va)-- Bail - Kidnapping - Accused is in custody since Sep 2017 - Further custody of accused will come in the way of conduct of trial that will have to be held against him - Accused ought to be released on bail - Bail granted to accused...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18A, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Ingredients of offence u/s 3 of SC/ST Act made out against accused - Embargo u/s 18 of SC/ST applies - Application u/s 438 Cr.P.C for anticipatory bail against such offence is not maintainable...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 368, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii)-- Bail - Rape of married woman - Prosecutrix is aged about 30 years and a married woman - She travelled with accused and stayed with him for about one month - FIR lodged on an application moved u/s 156(3) Cr.P.C after more than 4 months of alleged incident - No medical report of prosecutrix found on..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Complainant abused in the name of his caste - Complainant also assaulted by accused - This was not a case where bar u/s 18 of SC/ST Act overcome by accused - Ingredients of offence of alleged atrocity against accused made out - Bail rejected...........

Showing : 1-10 of 50 Results