Showing : 181-190 of 498 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439-- Gang rape of 15 years old girl - Bail - Appellant was not named in the FIR and even prosecutrix has not disclosed the name of appellant in her statement recorded u/s 161 & 164 Cr.P.C. - He was not put up for identification and DNA test of appellant not done - Appellant was not with co-accused..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389, 439-- Grant of bail u/s.439 Cr.P.C. and u/s.389 Cr.P.C. - Distinction - Held, in case of S.439, only notice to public prosecutor, unless impractical, be given before granting bail to a person who is accused of an offence which is triable exclusively by Court of Sessions or where punishment for offence..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Post conviction bail - Procedure for - Held, appellate Court, if inclined to consider release of convict sentenced to punishment for death or imprisonment for life or for period of ten years or more, shall first give an opportunity to public prosecutor to show cause in writing against such release..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Appeal - Suspension of sentence - Bail - Offence u/ss 302, 394, 201 & 411 IPC - Case virtually a case of no evidence - No one was named in FIR - Appellant is said to have been roaming near the place where dead body of deceased was recovered - There is some recovery of Tora and Safi but no..........
KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 60, 167(2)-- Escaped prisoner - Committing offence in another State - Granted default bail u/s 167(2) Cr.P.C. - Held, petitioner is not entitled to the relief of being released forthwith - Being a convicted prisoner, his movements can be restricted, till the execution of the sentence is completed...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Probation of Offenders Act, 1958, Section 4-- Probation - Offence u/ss 323, 326, 148 & 149 IPC - Incident is about thirty years old and petitioners are not previous convicts - They remained in jail for about 2 or 3 weeks - Petitioners held entitled to benefit of probation provided each of them submit bail bonds to the satisfaction of Court...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439-- Grant of bail - Power of Court of Session - Held, since Magistrate is completely barred from granting bail to a person accused of an offence punishable by death or imprisonment for life, a superior Court such as Court of Session, should not be incapacitated from considering bail application..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439-- Grant of bail - Power of High Court - Accused absconding after commission of no, bailable offence - Held, accused can surrender directly before High Court and pray for bail - There are no restrictions on High Court to entertain an application for bail provided accused is in custody and this..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Murder case - Petitioner sitting MP - Contention that incarceration of petitioner would prevent him from performing his duties in Parliament and in his constituency - Held, petitioner is a suspect/accused in offence of murder - No special treatment can be given to petitioner simply on..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2)(a)(ii)-- Default bail - Offence u/ss 366, 498, 342 & 506 IPC - Accused in judicial custody for 77 days - Investigation not completed and charge sheet not filed - Application for default bail returned on the premise that application has to be filed after 90 days from the date on which accused was remanded..........

Showing : 181-190 of 498 Results