Showing : 1-10 of 55 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
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 trust and..........
KERALA 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-- Anticipatory bail - There is absolute bar provided u/s 18 and reiterated u/s 18-A of SC/ST Act against grant of pre-arrest bail - Application u/s 438 Cr.P.C. dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Whenever a person approaches High Court or Court of Session for issuance of a direction u/s 438 Cr.P.C., then it is incumbent for him to establish the first and foremost condition of apprehension or likelihood of his arrest on the accusation of having committed a no, bailable..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Second application - Change of fact situation or law is sine qua non for a second application for pre arrest bail - A fact, which was not in existence at the time of dismissing earlier application but which has come into existence subsequently, can only be considered as a..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75-- Pre arrest bail - Offence u/ss 363, 376 IPC, Protection of Children from Sexual Offences Act, 2012, Ss.5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, S.75 - Minor - Consent of minor is not a valid consent - No circumstances to doubt genuineness of prosecution case - Offence..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438-- Contraband - Pre-arrest bail - S.37 NDPS Act does not create absolute bar but only create some rigid restrictions...........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438-- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - Prima facie indicate that contraband was in possession of accused/petitioner and it was sold to first accused - Bail rejected...........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37(1)(b)(ii), Criminal Procedure Code, 1973, Section 438-- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - In the instant case, there is sufficient material to indicate complicity of petitioner in crime - Even, there is no reasonable ground for believing that he is not guilty of offence - Moreover, custodial interrogation of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438-- Contraband - Pre-arrest bail - Court while considering application for bail is not required to record a finding of not guilty...........

Showing : 1-10 of 55 Results