Showing : 121-130 of 510 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 18-- Anticipatory bail - Offence u/s 3(1)(xi) of SCST Act - S.18 of SCST Act creates a bar for invoking S.438 Cr.P.C. - S.438 Cr.P.C., which is available to an accused in respect of offences under IPC, is not available in respect to offences under SCST Act, as offence under SCST Act fall into a..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 354, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi)-- Anticipatory bail - Offence u/ss 323, 354, 452 IPC and S.3(1)(xi) of SCST Act - Accused in order to outrage the modesty of Scheduled caste woman entered into her house and caught hold of her, when she resisted accused started abusing her by calling her `Harijan', `Dhobi' - Word `Harijan', `Dhobi'..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 34-- Bail - Pendency of appeal against conviction - Accused and his wife were jointly found involved in commission of offence - Wife of accused already granted bail though challenge made by complainant is pending against the same - However, High Court while considering the bail of accused, ought to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Constitution of India, 1950, Article 21-- Speedy trial - Deprivation of personal liberty without ensuring speedy trial is not consistent with Art.21 - While deprivation of personal liberty for some period may not be avoidable, period of deprivation pending trial/appeal cannot be unduly long - Held that while person in custody for grave..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34, 386, 365, 212-- Anticipatory bail - Offence u/ss 306, 34, 386, 365, 212 IPC - Petitioner named in the FIR - Overt act attributed to petitioner - Nature and gravity of the offences in question, shows that it was not a fit case where petitioner is entitled to benefit of anticipatory bail - Bail rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B, 34-- Bail - Murder - Complicity of petitioner based on circumstantial evidence - Evidence collected against petitioner is a confessional statement made by co-accused - Admissibility of such confessional statement in evidence would be yet another issue - Offence if at all made out is a moot question -..........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - S.18 of 1989 Act creates a bar in invoking S.438 Cr.P.C. - However, a duty is cast on Court to verify averments in FIR or in complaint to find out whether an offence under Act of 1989 Act prima facie made out against accused...........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438, 437, Prevention of Money Laundering Act, 2002, Section 3, 4-- Anticipatory bail - Offence u/ss 3, 4 PML Act - Evidence on record shows that accused and his wife acquired huge movable and immovable properties - Even, prosecution prima facie successful in proving : (i) predicate crime; (ii) tainted property; and the property purchased - Anticipatory bail of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of anticipatory bail - Offence u/s 195-A IPC - Accused after getting benefit of anticipatory bail threatened PW for which FIR u/s 195-A IPC came to be registered against him - Investigation of said offence completed and charge-sheet filed - Prima facie allegation made out against..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438, Securities Contract Regulation Act, 1956, Section 26- - Anticipatory bail - Offence u/s 26 of the Act - Once it is found that there can be no investigation initiated by police officer without there being complaint filed in terms of S.26 of the Act and without there being any express authorisation by competent Court given to him for making..........

Showing : 121-130 of 510 Results