Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 324, 326, 323, 148, 149 -- Pre arrest bail - Offence u/ss 324, 323, 148, 149 & 326 IPC - Injuries attributed to petitioners simple in nature - Accused to whom injury attributed as grievous in custody - Pre-arrest bail allowed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail in a murder case - FIR against petitioner and his brother - Deceased died of Danda blow which was attributed to brother of petitioner - Custody of petitioner not required - Concession of pre-arrest bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 420, 465, 467, 468, 471 & 120-B IPC - Accused joined investigation and has given his specimen handwriting in Court - Custodial interrogation not required - Pre-arrest bail granted till filing of report u/s 173 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 506, 120B -- Rape by father in law - Anticipatory bail - Victim raped for long time - Daughter born - Husband mentally and physically unfit to perform sexual inter course - Both victim and accused ready to undergo DNA test - pre-arrest bail granted till DNA report is received...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Number of complaints against petitioner for indulging in demand and receiving a sum of Rs.200/- per consumer while providing electricity connection - Plea that it is not duly of petitioner to provide electric connection may be a good defence and ground for seeking concession of regular bail but not a ground..........
Criminal Procedure Code, 1973, Section 438 -- Pre-arrest bail - Grant of - Apprehending his arrest, petitioner filed bail petition wherein he was granted interim bail and was directed to join investigation - He failed to produce alleged originals which were shown to principal at time of attestation - His bail has been objected to by State on ground that fake degrees..........
Criminal Procedure Code, 1973, Section 438 -- Object - The object of the provision of S.438 IPC is to prevent undue harassment of the accused person by pre-trial arrest or detention - When conditions mentioned in the section are fulfilled, Court shall make an order that in the event of arrest the person shall be released on bail - Gravity of the offence is important factor..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail & pre-arrest bail - To be granted on well recognized principles of law - Gravity and seriousness of the offence; the nature of evidence which is surfacing against the accused; the possibility of the accused absconding from justice and the possibility of the accused tampering with evidence are some of the relevant..........
Criminal Procedure Code, 1973, Section 438, 439, Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - Father-in-law and mother-in-law - No immediate demand of dowry - Petitioners not implicated with respect to the dowry demand - Petitioners having roots in the society and they owning immovable property - Hardly any apprehension of the petitioners fleeing from..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(c)(d), 13(2), 14, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - One of the accused had acquired lot of wealth - Appear to have a key role in the alleged scam - Had appeared before Vigilance Bureau many times but investigation could not progress - No political rivalry or any past history of enmity..........
