Showing : 11-20 of 2387 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Nothing on record to show as to whether order granting bail is perverse or how concession of bail has been misused by accused - Even no complaint has been made to Police authorities or trial Court to show that accused has tampered with evidence or any threat was given to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354-- Rape - Anticipatory bail - Allegation by prosecutrix-teacher that petitioner-school owner ravished her on various occasions - Innumerable criminal and civil litigation pending between management of school and its staff members - FIR registered on the very day when services of prosecutrix were..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 437(5)-- Cancellation of bail - Non-compliance of order passed in civil proceedings, cannot be made basis of cancellation of bail in a criminal case, particularly when said order is under challenge in Supreme Court and contempt proceedings were already initiated against accused...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Cancellation of bail - Power of cancellation of bail has to be exercised with care and caution as it is power of extraordinary nature, as Courts have been empowered to cancel bail granted by it despite statutory bar u/s 362 Cr.P.C to alter or review its decision...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 437(5)-- Cancellation of bail - Accused not violated any condition imposed upon him at the time of enlarging him on bail - Bail cancelled for no, deposit of amount as directed by High Court - Non-payment of amount directed to be deposited by accused in writ petition, cannot be considered as cancellation of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Offence u/s 15 NDPS Act - Default bail granted as FSL report not filed within 180 days - Condition imposed that accused shall be taken into custody on receipt of FSL report - Condition set aside - Bail will remain in force unless accused commits default in the proceedings or misuse the benefit of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), Criminal Procedure Code, 1973, Section 167(2)-- Contraband - Default bail - Challan not presented within period of 180 days - Application to extend period to file challan filed before expiry of requisite period of 180 days - Accused cannot be denied default bail merely on the ground that report of chemical examiner/FSL is awaited and some other..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439-- Contraband - Bail - Recovery of 1200 ml of contraband recovered from petitioner is marginally higher than commercial quantity - Petitioner has no other case pending - He is in custody since the date of registration of FIR i.e for the last 10 months - Only one witness has been examined -Trial would..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Rape - Prosecutrix and her family resiled from their complaint on account of compromise with parents of accused for marriage of accused with prosecutrix - After release of accused on bail, accused did not turn up for wedding when all arrangements were made - To ensure fair..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Normal rule is bail and not jail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused involved in that crime...........

Showing : 11-20 of 2387 Results