Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Pre-arrest bail is a discretionary relief and is to be granted in exceptional cases and not in routine...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 34, Information Technology Act, 2000, Section 66 -- Anticipatory bail - Cheating - Mobile no. used in commission of offence is registered in the name of petitioner - It is for petitioner, who has to explain as to how said number was used for commission of offence - Petitioner not denied..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Pre-arrest bail is a discretionary relief and is to be granted in exceptional cases and not in routine...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3 -- Anticipatory bail - Bar contained u/ss 18, 18-A of SC/ST Act - Offence u/s 3 of the Act - Allegations made in FIR directly attributed to petitioner - Matter is under investigation and not completed yet - Custodial interrogation is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Sealed cover was received by Court - Court consciously refrained from opening sealed cover and perusing documents - Case is only at stage of considering..........
Criminal Procedure Code, 1973, Section 438, 482 -- Anticipatory Bail - Pre Arrest - Initial stages of investigation where court is considering question of grant of regular bail or pre-arrest bail, it not for court to enter into demarcated function of investigation and collection of evidence/materials for establishing offence and interrogation of accused and witnesses -..........
Criminal Procedure Code, 1973, Section 438 -- Pre Arrest Bail - Economic Offences - Power u/S.438 CrPC being an extra-ordinary remedy, has to be exercised sparingly; more so, in cases of economic offences - Economic offences stand as different class as they affect the economic fabric of society - Grant of bail, particularly in economic offences would definitely hamper the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Anticipatory Bail - In a case of money-laundering where it involves many stages of "placement", "layering i.e. funds moved to other institutions to conceal origin"..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420 -- Anticipatory bail - Criminal breach of trust - Cheating - Petitioner is 80 years of age - Age though is a relevant factor for consideration of his prayer for pre-arrest bail, but taking into account the fact that petitioner along with his son/co-accused committed criminal breach of..........
