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ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 504, 506, 147, 120B-- Bail - Accused not named in FIR wherein six persons specifically named - Deceased was in consensual relationship with applicant and there was some dispute relating to monetary transaction between deceased and applicant - Only allegation against accused was of hatching conspiracy but ingredients of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Grant of bail subject to deposit of Rs.50 lakhs in Court in view of causing heavy financial losses to the government - An amount of Rs.Ten lakhs already deposited in terms of an interim order passed by High Court - Appellant in custody for more than four years - Condition of depositing..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Rejection of petition u/s 482 Cr.P.C. seeking quashment of FIR does not ipso fact operates as an embargo for grant of anticipatory bail to an individual...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Court have power to grant anticipatory bail even in cases where cognizance has been taken or charge sheet has been filed - Issuance of arrest warrants cannot circumscribe the power of Court for favorable consideration of bail application if grounds set out therein are..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 436A-- Bail to under trials - S.436A of Cr.P.C. provides for grant of bail when person has undergone detention up to one half of maximum prescribed imprisonment - Provision applies only during trial...........
PATNA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 8(c), 18, Criminal Procedure Code, 1973, Section 438-- Bail - Bar to grant anticipatory bail - Accused allegedly caused death of deceased and assaulted informant - Parties being co-villagers are known to each other thus attract presumption u/S.8(c) of the Act - Evidence of informant and witnesses prima facie make out commission of offence - Grant of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 437, 438, 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12-- Bail - While considering the application for grant of bail u/ss 437, 438, 439 Cr.P.C., legislature purposely gave overriding effect of provisions of 2015 Act by clearly mentioning in S.12 of the said Act...........
PATNA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 14A(2)-- Order refusing bail - If passed by any other Court than the Special Court or Exclusive Special Court, established or specified under the Act after Amendment Act of 2016, in that case, only legal recourse available to accused is to move afresh for grant of bail before Special Court or Exclusive..........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 14-- Bail - Appeal before High Court - Lies only against an order of Special Court or Exclusive Special Court and unless there is an order of Special Court refusing bail, accused would have no right to file an appeal before High Court praying for grant of bail to them...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Non appearance of accused after grant of bail - Non bailable warrants issued - Report u/s 173(2) Cr.P.C. not so far presented as such presence of accused was not required for taking any effective steps or proceedings by trial Court - Absence of petitioner was not willful or..........

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