Showing : 161-170 of 452 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Offence u/ss 420 & 34 IPC - Earlier bail application was rejected by Additional Session Judge - Second bail application was allowed by another Additional Session Judge - Second Judge cannot entertain bail application especially when earlier Judge was available - However, it is..........
MEGHALAYA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Grant of - Competent authority - Power u/s 438 IPC can be exercised either by High Court or by Session Court - District Council Court is not a Session Court and it cannot exercise powers of Session Court - District Council Court therefore, has no power to entertain or grant..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Cannot be granted as a matter of rule - Power to grant anticipatory bail should be exercised in very exceptional cases when Court is satisfied that person to be enlarged on anticipatory bail would not misuse his liberty - Prerequisite conditions enlisted for grant of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302-- Anticipatory bail - Double murder - Election dispute - Session judge rejected anticipatory bail filed by accused - However, High Court without appreciating nature of offence and gravity of accusations against accused persons, enlarged them on anticipatory bail - High Court ought not to have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 438-- Outraging modesty of woman - Anticipatory bail - Accused was engaged with complainant by roka ceremony and developed intimacy with her - Accused indulged in acts of outraging modesty of complainant to an extent that he made an attempt to rape her - Improbability of complainant story and probable..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 423, 424, 34-- Anticipatory bail - Offence u/ss 420, 406, 423, 424 & 34 - Dispute is purely a business transaction - Whether there was any dishonest intention to cheat the complainant remains to be seen only when parties adduce oral and documentary evidence - Disputed questions of fact involved which require..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Court would grant or refuse anticipatory bail after taking into consideration the factors, namely : (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Not to be granted as a matter of rule - Anticipatory bail should be granted only when a special case is made out and Court is convinced that accused would not misuse his liberty...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Accused ordered to be summoned on bailable warrants - Anticipatory bail can be granted...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Suspicion of arrest or that accused shall be sent behind bars is sufficient to apply for pre-arrest bail...........

Showing : 161-170 of 452 Results