No Result Found

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304-- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit case to grant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 447-- Bail - Offence u/s 447 of Companies Act - Bail granted to accused without considering twin mandatory conditions for grant of bail laid down u/s 216(6)(ii) of Companies Act and no, application of mind on part of Court even u/s 439 Cr.P.C - High Court ought not to have been influenced by no, arrest..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389-- Bail during pendency of appeal - Appeal against conviction - No reasons assigned by High Court for grant of bail - Order granting bail during pendency of appeal held, set aside - Matter remitted to High Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389-- Bail during pendency of appeal - Appeal against conviction - Additional evidence against accused to show the criminal background of accused filed for the first time in appeal - List of criminal cases shows that some cases were registered against accused prior to grant of bail and some cases..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail and challenging order of grant of bail - Appellant challenged the very grant of bail on ground of arbitrary exercise of discretion ignoring relevant materials to be considered in application for bail - Since High Court proceeded under footing as if appellant had filed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail and challenging order of grant of bail - Consideration applicable for cancellation of bail and consideration for challenging order of grant of bail on the ground of arbitrary exercise of discretion are different - While considering application of cancellation of bail, Court..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Appeal against grant of bail - While granting bail, antecedents of accused and manner in which offence u/s 302 IPC was committed not considered - These factors were relevant while considering bail application - Bail application dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Appeal against grant of bail - While granting bail relevant factors not considered - Plea that accused has not violated any condition of grant of bail till date - Plea declined - Bail application dismissed...........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Grant or refusal of bail on economic conditions violates Arts.14 and 15 of Constitution and runs contrary to constitutional ethos - Where indigent accused is unable to afford bail, some leniency have to be shown...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6-- Bail - Kidnapping and rape - All important PWs including prosecutrix and her parents turned hostile and not supported prosecution case - It is thus, just and proper to grant bail to accused - Bail application allowed...........

No Result Found