Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(a), Indian Penal Code, 1860, Section 465, 468, 471, 120B -- Anticipatory bail - On basis of parity - Embezzlement of public money - Petitioner is mastermind behind entire operation conducted for embezzlement of money - He allegedly played a prominent role in the matter of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7 -- Anticipatory bail - Offence u/s 120-B IPC and S.7 of P.C. Act - Charge sheet has been submitted - Cognizance of case also taken - Applicant not appeared before Court concerned - Process of bailable and non-bailable warrant were issued on..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Order granting anticipatory bail quashed - I.O. directed to take the accused into custody - Held, direction to take accused into custody is beyond jurisdiction of High Court - It is for Investigating Agency to take a call as to when accused is to be arrested - Such direction set aside...........
Criminal Procedure Code, 1973, Section 438, 482 -- Anticipatory bail - Dismissal of application - Power of High Court to grant further relief - Accused granted 90 days time to surrender before trial Court and to seek regular bail and granted protection from coercive action for the said period - Even when Court is not inclined to grant anticipatory bail to an accused, there..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cannot be granted with generalised observations and without adverting to the relevant considerations and material circumstances of the case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353 -- Anticipatory bail - De facto complainant was attending an enquiry based on a complaint filed by a lawyer - It cannot be said that de facto complainant was in lawful discharge of his duty as a public servant at the time of incident of ill treating lawyer - Simply because de facto complainant..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Petitioner is not joining the investigation - No ground for bail is made out - Application dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Cheating - Petitioner joined the investigation only once and thereafter on being called again he has failed to join investigation and absconded - NBWs were issued against petitioner - Petitioner has even issued three cheques to complainant in order to clear..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 370(4), 506, 120B -- Anticipatory bail - Kidnapping - Custodial interrogation of accused is required - Keeping in view nature, gravity and seriousness of offence, manner in which girl has been managed to be transported/travelled from Shimla to a remote village of U.P in an unorganized..........
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..........