Showing : 1-10 of 49 Results

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...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438-- Second anticipatory bail application - Maintainable only if there is change in the fact situation or where earlier finding has become obsolete - In the absence thereof second bail application is not maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, Drugs and Cosmetics Act, 1940, Section 8C, 27B(2)-- Second bail application - Recovery of 1150 tablets Alprazolam and 1140 capsules Parvon spas - Gross weight of the drug is to be counted and not merely the net percentage/content of the salt in the medicinal preparation for finding out the actual weight of the drugs in reference to the Schedule..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439-- Second bail application - Offence u/s 15 of NDPS Act - Petitioner has already undergone sentence in another case which was pending against him under NDPS Act - Other co-accused in this case already granted bail - Bail allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B-- Anticipatory bail - Second bail application - First bail application of accused dismissed with direction to surrender before Court - Despite surrendering before Court accused moved second bail application - Not fit case to grant anticipatory bail - Bail dismissed...........

Showing : 1-10 of 49 Results