Showing : 281-290 of 2416 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Protection of Children from Sexual Offences Act, 2012, Section 33(1), Criminal Procedure Code, 1973, Section 10(3)-- Offence under POCSO Act - Bail granted by CJM as he was authorised by Special Judge to deal with POCSO matters during the absence of Special Judge - Held, S.10(3) of the Code confers power on the Sessions Judge and not on the Special Judge - No Court can be authorised to deal with POCSO matters..........
KERALA HIGH COURT
Year of decision: 2017
Details
Protection of Children from Sexual Offences Act, 2012, Section 33(1), Criminal Procedure Code, 1973, Section 10(3)-- Offence under POCSO Act - Bail granted by CJM as he was authorised by Special Judge to deal with POCSO matters during the absence of Special Judge - Special Judge has no power to issue any such direction - Held, bail granted cannot be sustained...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, 406-- Bail - Cruelty - Dowry death - Deceased has tendency to commit suicide, as prior to present incident, deceased attempted to commit suicide - However, deceased denied demand of dowry in her statement recorded in that case - Thereafter, deceased levelled allegations regarding demand of money and..........
SIKKIM HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 437, Prevention of Money Laundering Act, 2003, Section 45, Constitution of India, 1950, Article 14, 21-- Bail - Offence under PML Act - Imposition of limitations on bail - Discretion vests with Court to enlarge bail or to refuse bail u/s 45 of the Act on basis of reasonable grounds for believing - Said limitation on bail is in addition to limitation under Cr.P.C. - Bail can only be granted subject to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326, 147, 148, 149, 504, 506, 307, Arms Act, 1959, Section 25-- Bail - Offence u/ss 326, 147, 148, 149, 504, 506, 307, IPC and S.25 of Arms Act - Accused is student and not hardened criminal - Incident took place at spur of moment, when he was on pleasure trip along with co-accused - Co-accused already on bail - Accused is in judicial custody since his arrest..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 437(3), 438-- Bail - S.437(3) Cr.P.C. allows Courts to impose conditions in interest of justice - But such conditions cannot be arbitrary, fanciful or extend beyond ends of provision - In instant case, High Court while granting anticipatory bail exceeded its jurisdiction in imposing such arbitrary conditions -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Factors for granting bail are: (i) nature of accusation and severity of punishment in case of conviction and nature of supporting evidence; (ii) reasonable apprehension of tampering with witness or apprehension of threat to complainant; (iii) prima facie satisfaction of Court in support of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Right to bail is not to be denied merely because of sentiments of community against accused...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Bomb blast - Criminal conspiracy - Successive bail applications - Accused being Army Officer provided explosives with common object of causing bomb blast - Variations found in charge sheets filed by Anti-Terrorist Squad (ATS) and National Investigation Agency (NIA) - Trial likely to take..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401, 439(2)-- Revision - Maintainability - Order cancelling bail u/s 439(2) Cr.P.C. - It is an interlocutory order - Revision against said order is not maintainable...........

Showing : 281-290 of 2416 Results