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KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Grant of - Imposition of conditions - Validity - Magistrate while granting bail imposed a condition that petitioner shall not leave limits of concerned place where Court is situated without prior permission of Magistrate - However, petitioner has come to Kerala from West Bengal in search of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Grant of - Imposition of conditions - Validity - Magistrate while granting bail directed that sureties of petitioner shall be Keralites and they shall produce their title deeds - Said condition is illegal and thus, set aside, as Court cannot make a distinction between Keralites and people..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Offence u/ss 302, 341, 323, 452, 336, 143, 149 IPC - As on completion of 90 days of prescribed period u/s 167 Cr.P.C there were no papers of investigation or charge sheet u/s 173 Cr.P.C before concerned Magistrate - Accused was thus denied of protection established by law - Issue of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Court not to go deep into merits of the matter while considering an application for grant of bail...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - While considering application for grant of bail, Court must take into account certain factors such as existence of a prima facie case against accused, gravity of allegations, position and status of accused, likelihood of accused fleeing from justice and repeating offence, possibility of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - While considering application for grant of bail, Court not to go into evidence on record in such a depth which amounts to ascertaining probability of conviction of accused...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Granting or rejecting bail by High Court - Supreme Court does not ordinarily interfere with orders of High Court granting or rejecting bail - However, it is open to Supreme Court to set aside order of High Court where it is apparent that High Court has not exercised its discretion..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 212(7)-- Bail - Offence u/ss 212(6)(ii), 212(7) of Companies Act - High Court vide its impugned order released the respondent - However, reasons assigned by High Court in its interim order are not confined to issue of validity of alleged Sections under Companies Act or concerning grant of bail, but prima..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 22, Criminal Procedure Code, 1973, Section 439-- Recovery of 310 gms heroin - Bail - Commercial quantity - Bail sought relying on judgment of Supreme Court, facts of which not applicable to present case - Nothing on record to suggest that accused was falsely implicated or that if released on bail he is not likely to indulge in similar offences -..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Recovery of contraband - Recovery from public place in presence of independent witnesses but absence of signature in the arrest memo of a respectable member of the locality - Statement of search witnesses not recorded on the day of seizure or soon thereafter but their statements recorded..........

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