Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Strained relations between parties - Dispute about house - Civil suit disposed of by way of compromise - Harassment of complainant by accused not conceivable - Pre-arrest bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Petitioner, mother-in-law of complainant - She 60 years of age and suffering from various ailments and not able to move properly - Dowry articles recovered from husband of complainant who had been arrested and had been now enlarged on bail - Pre arrest bail..........
Criminal Procedure Code, 1973, Section 438 -- Pre arrest bail - Person to whom relief of pre-arrest bail is granted is not to be remanded to judicial custody irrespective of the fact that there is no specific direction to the Magistrate to release the petitioner on bail...........
Indian Penal Code, 1860, Section 439 -- Bail - Complaint case u/s 302/201/120-B/34 IPC - In relation to the occurrence FIR was registered and on investigation allegations made against petitioner and co-accused were found to be false - Rather Investigating Agency while recommending cancellation of case, also recommended that the complainant be prosecuted u/ss 182, 195, 211..........
Criminal Procedure Code, 1973, Section 438 -- Pre-arrest bail - Petitioner a lady - No specific allegation against petitioner - Husband of petitioner already released on bail - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 439 -- Permission to go abroad - Petitioner not violated any of conditions of his pre-arrest bail - Petitioner had gone abroad thrice during investigation by seeking permission from concerned Court and always had come back in time - Petitioner allowed to go abroad in connection with business and come back and present himself before..........
Criminal Procedure Code, 1973, Section 438 -- Pre-arrest bail - Name of petitioner not mentioned in FIR - Evident from Parcha Bayan, statement recorded under sections 161 and statement recorded u/s 164 and affidavit that petitioner was not present at the time of incident - Pre-arrest bail granted on certain conditions...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Offence under Section 307 IPC - Discretion to grant pre-arrest bail could be exercised only if the offence alleged to be committed is not grave and there is no need of custodial interrogation - Keeping in view the nature of charges, motive and obvious need of custodial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 471 -- Pre-arrest bail - Forgery case - Accused evading arrest for two months by eluding police - Speaks volume of their capacity to hide themselves from due process of law for a long period - The competence of the petitioners to hide strengthens the belief that they may not even be available..........
Criminal Procedure Code, 1973, Section 438 -- Proclaimed offender - Has no right to seek pre-arrest bail...........
