Showing : 11-20 of 42 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306-- Tender of pardon - Provision contains some discrimination between persons who are already on bail and persons who are in judicial custody - If an accused already on bail accepts tender of pardon, he cannot be detained in custody u/s 306(4)(b) Cr.P.C. - Provision can be applied only in case of an..........
KERALA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Mere fact that an accused may feel free to commit an offence again if he is released cannot be a reason for detaining him in custody, as, such an approach, would result in using the power to keep an accused in judicial custody for a different objective, that of preventive detention...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - While computing period of 90 days, the day on which accused was remanded to judicial custody should be excluded and day on which challan is filed in the Court should be included - In the instant case, accused remanded to judicial custody on 5.7.2013 and charge sheet filed on..........
MANIPUR HIGH COURT
Year of decision: 2014
Details
National Security Act, 1980, Section 3(3)-- Detention order - Validity - Detention order issued when petitioner was in judicial custody and had not moved any application for bail - Held, detention order liable to be quashed - Petition allowed...........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 457-- Bail - Theft of gold jewelry & mobile phone from a residential house - Petitioner in judicial custody - Trial likely to take a long time - Continuous detention of petitioner as an under trial is not warranted - Bail granted...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 226-- Habeas corpus - Detenu arrested in connection with case registered by Police Station at place `M' where his prayer for bail has been rejected - His prayer for bail on being arrested in case registered by Police Station at place `B' on being remanded to custody has also been rejected - He has been..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439-- Formal arrest - Maintainability of bail application - Held, petitioners cannot be detained in jail solely on basis of formal arrest effected if their release on bail has been ordered in crimes in which they were detained in judicial custody - Their detention if it is only on basis of formal arrest..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/s Ss.13(1)(d), 13(2) Prevention of Corruption Act, 1988, Ss.409, 420, 467, 468, 471, 120-B, Indian Penal Code, 1860 - Allegation of misappropriation of 4.75 crores - Accused in custody for seven months - Challan put up - No good reason to continue the judicial custody and that too..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Investigation almost complete - Trial may take considerable time - If under-trials are allowed to be detained in judicial custody for an indefinite period, Article 21 of the Constitution of India is violated - Bail granted...........

Showing : 11-20 of 42 Results