Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 420, 465, 466, 467, 468, 471, 477A, 120B -- Anticipatory bail - Recovery of marriage registration certificate - Such certificate can be obtained from the Registrar - Recovery or non recovery of the original marriage certificate not a ground to deny concession of bail - Ad interim pre arrest..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Absconding accused - Mere fact that there was any procedural irregularity in declaring accused as an absconder, that by itself was not a justifiable ground to grant pre-arrest bail in a case of grave offence save where High Court on perusal of case diary and other material on record is prima facie satisfied..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Misappropriation of money - Serious and grave allegations of fraud and misappropriation of large amount of money of farmers are made against accused - Old age or ailments etc. of accused cannot help them in escaping arrest and custodial..........
Criminal Procedure Code, 1973, Section 438(2) -- Anticipatory bail - Granted subject to deposit of Rs.41 lakhs in Court and upon furnishing personal bond in the sum of Rs.Fifty thousand - Dispute pertains to agreement to sell and amount of Rs.41 lakhs is alleged to be paid to accused - By imposing condition of deposit of 41 lakhs in an application for pre-arrest bail, High..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Factors for grant of pre-arrest bail are the nature of accusation and severity of punishment in the case of conviction and nature of materials relied upon by prosecution, reasonable apprehension of tampering with witnesses or apprehension of threat to complainant or witnesses, reasonable possibility of..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - Offence u/s SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under the Act - Where Court finds that no prima facie case is made out or where on judicial scrutiny, Court finds that..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 28 -- Pre arrest bail before registering FIR - Only the Special Court designated under POCSO Act can entertain application and regular Sessions Court cannot exercise power u/s 438 of the Code...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 188, 342, 323, 149 -- Anticipatory bail - Offence u/ss 353, 186, 188, 342, 323, 149 IPC - Matter involving merciless beatings given to police official on duty - If concession of pre-arrest bail is granted to accused of assaulting public servants on duty that may further embolden people..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Plea of false implication and delay of about 7 months in approaching police are not much relevant while deciding a petition for grant of pre-arrest bail, as such grounds may have some merit and significance while determining guilt of accused during trial...........
