Showing : 1-10 of 453 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 438, 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Provision of S.438 Cr.P.C. stands excluded to offence under SC/ST Act - However, High Court can grant anticipatory bail in an offence under SC/ST Act by invoking provision of S.482 Cr.P.C. or Art.226 Constitution of India...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 438, 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Provision of S.438 Cr.P.C. stands excluded to offence under SC/ST Act - However, High Court can grant anticipatory bail in an offence under SC/ST Act by invoking provision of S.482 Cr.P.C. or Art.226 Constitution of India - Power to grant anticipatory bail is available to..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, 15, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Anticipatory bail - Impleadment of victim/dependent/de facto complainant - When an accused in a case under SC/ST Act takes out an application for grant of anticipatory bail, he has to necessarily implead victim/dependent/de facto complainant - It shall be duty of I.O to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Object of bail is to secure the presence of accused in the trial - To grant bail, proper test to be applied is whether party will appear to take its trial...........
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 - 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(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..........

Showing : 1-10 of 453 Results