Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for statutory bail not filed prior to filing of charge sheet - Application filed only after filing of final report - Indefeasible fight to seek statutory bail got over - It is not revived subsequently...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is filed within stipulated period, right of accused to seek statutory bail stands extinguished - Such a right does not get revived merely for the reason that Court has not taken the case on file and assigned a number...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time but was returned as defective - Defects were cured and charge sheet was re-presented beyond the period in the said proviso - Accused not entitled to default bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - Particulars required to be given in anticipatory bail application, viz. (i) Charge-sheet along with entire material collected by I.O should be made part of anticipatory bail application; (ii) Clear pleading with reference to material on record should be made stating under which..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - `Appropriate cases' in which anticipatory bail can be granted - Enumerated - However, instances analysed are not exhaustive and in more `appropriate cases' Court can consider grant of anticipatory bail to an accused after considering entirety of facts and circumstances of the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cases in which Court can refuse to grant anticipatory bail after filing of charge sheet - Enumerated - However, instances analysed are not exhaustive and there may be some unforeseen situations, which Court will consider as per facts and circumstances of the particular case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s) -- Anticipatory bail - After filing of charge sheet - Offence u/ss 323, 504, 506 IPC and S.3(1)(r)(s) of SC/ST Act - Informant being a journalist removed the crowd with help of people..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 341 -- Bail - Appeal against order granting bail - Offence u/ss 307, 324, 341 IPC - Bail granted to accused on the ground that is in custody for about 75 days without even considering materials on record which prima facie made out reasonable grounds to believe that accused had committed..........
Release of prisoners -- Parole or interim bail - COVID-19 Pandemic - Direction issued Viz: States and UTs directed to constitute High Powered Committee to determine which class of prisoners could be released on parole or interim bail for such period as might be thought appropriate - However, orders of Supreme Court not to be construed as any direction, or even..........
