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SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - While rejecting bail application, Court neither set out facts of case nor mentioned submissions of counsel appearing for both the parties nor reasoning as to why Court does not consider proper to grant anticipatory bail - Impugned order set aside - Matter remanded back to High..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 79, 75, Child Labour (Prohibition and Regulation) Act, 1986, Section 3, 14-- Anticipatory bail - Child labour - Three victims aged between 12-14 were rescued from the hostel, where petitioners employed them and made them work in a barbaric manner - Victims were made to work from 6 a.m to 12 p.m and on many occasions they were also given beatings - Keeping in view the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Grant of - Documentary evidence on record - No ground to avoid custodial interrogation and to grant anticipatory bail...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Materials available on record prima facie indicating involvement of accused, possibility of accused tampering with witnesses and gravity of crime not kept in view while granting bail - As bail was granted on irrelevant considerations and same suffered from serious infirmity,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Murder - In crimes like murder, mere fact that accused was in custody for more than one year, may not be a relevant consideration for grant of bail...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Relevant considerations are : (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Passport Act, 1967, Section 6-- Application seeking no objection for granting of passport dismissed - On the ground of pendency of criminal case - As per material on record, Court cannot restrict person from exercising his statutory power that he can have passport, but that does not mean that he can travel anywhere or everywhere..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, 12-- Bail - Sexual assault on minor female aged 5 years - Driver of school van committed repeated acts of sexual assault despite warning by mother and grandmother of victim child - Such act of driver amounts to breach of trust reposed by parents of tiny tots - Even, such sex abuse is a particular..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, 4-- Anticipatory bail in an offence u/ss 3, 4 of Act of 1989 - Not permissible in view of an express bar u/s 18 of Act of 1989 - However, summoning Court can grant bail on merits to which there is no statutory bar...........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 395-- Reference to High Court - Power of Metropolitan Magistrate (MM) to grant bail in case of offence punishable Life imprisonment - MM has power to release on bail a person accused of commission if a no, bailable offence subject, however, to conditions in S.437(1)(i)(ii) Cr.P.C. - Reference disposed..........

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