Showing : 1-10 of 53 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - To be heard by same judge who had disposed of first bail application in case he is available...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Criminal Procedure Code, 1973, Section 439-- Second bail application - Contraband - Statement of seizure officer PW10 was recorded after rejection of first bail application - PW10 clearly and unequivocally admitted that method of drawal of samples is ex facie laconic, which substantially reduced chances of conviction under alleged offences -..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Second bail application - Bail cannot be granted solely on the ground of long incarceration without looking to the merits of case and other factors, as it is not a good ground for bail in renewed plea - Second bail application rejected...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Second application - Change of fact situation or law is sine qua non for a second application for pre arrest bail - A fact, which was not in existence at the time of dismissing earlier application but which has come into existence subsequently, can only be considered as a..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Second application - Normally a person is not entitled to file second application for bail on the ground that Court on earlier occasion failed to consider any particular aspect or material on record - A plea for review of earlier order cannot be permitted to be made under the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439-- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act, which violates said provision - Small..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Second bail application - Murder case - There is an eye witness account as spelled out that it was none else than petitioner along with his co-accused, who was instrumental in firing shot leading to death of deceased - First bail application of petitioner already dismissed and no fresh ground to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B-- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition filed by second wife u/s 9 of..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439-- Second or Successive bail applications - In the bail application, there should be mention of disposal of earlier bail application and a copy of the order passed on such application has also to be produced along with second or successive bail applications...........

Showing : 1-10 of 53 Results