Showing : 31-40 of 596 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 120B-- Bail - Murder of wife by husband - Cruelty - Material collected by CBI during investigation is documentary on basis of photographs which was to be tested during trial - Family members of deceased and some doctors who were close to family arrived after the incident and postmortem was conducted in..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 313, 376-- Cancellation of bail - Offence u/ss 313, 376 IPC - Bail granted solely on the plea of community service - Granting of bail on said plea is completely unwarranted - Bail order quashed...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 354B, 323, 324, 506, Protection of Children from Sexual Offences Act, 2012, Section 8-- Bail - Outraging modesty of woman - FIR only speaks about touching and holding prosecutrix's hand and that of her sister which though by no means a conduct that can be approved, would not fall within mischief of S.354-B IPC - Even earlier incident of touching of prosecutrix in some intimate part..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 120B, 302, 307, 324, 326, 124A, 438, 440, Explosive Substances Act, 1908, Section 3, 4, 6, Prevention of Damage to Public Property Act, 1984, Section 3, 4-- Bail - Claim for parity - In the instant case, petitioner planted bomb in Samjhauta express resulting in death of 68 persons - Petitioner claiming parity with another accused who has been granted bail on ground that he is 80 years of age and by taking into consideration his constitutional right of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34-- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is not even remote whisper that..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438, 439-- Contraband - Commercial quantity - Bail or anticipatory bail cannot be granted without reference to S.37 NDPS Act and without entering a finding on the required level of satisfaction in case Court otherwise is inclined to grant bail - In the absence of such a satisfaction, order granting..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, 439-- Anticipatory bail and regular bail - Merely because an accused was under protection of anticipatory bail granted u/s 438 Cr.P.C., that does not mean that he is automatically entitled to regular bail u/s 439 Cr.P.C. - Satisfaction of Court for granting protection u/s 438 Cr.P.C., is different from..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, 188, Indian Penal Code, 1860, Section 420, 406, 34-- Anticipatory bail - Offence committed outside India - Cheating - No previous sanction of Central Government was taken u/s 188 Cr.P.C. - Except investigation by police, inquiry and investigation is barred u/s 188 Cr.P.C. - Moreover, dispute arose in connection with a business concern and question..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-- Offence under SC/ST Act - Directions issued for safeguards against arrest and false implications: (i) No absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny complaint is found to be prima facie mala..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Constitution of India, 1950, Article 32-- Writ petition - Habeas corpus - Petitioner in custody even when he is granted bail in all other cases - An application not to release petitioner is not maintainable under any provision of Code of Criminal Procedure - Petitioner be released forthwith...........

Showing : 31-40 of 596 Results