Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Application for anticipatory bail in an offence under SC/ST Act - Application can only be filed before Special Court and Exclusive Special Court, as the case may be and not before High Court - High Court thus, neither has..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Special Court while dealing with an application for anticipatory bail must first ascertain whether a prima facie case for an offence punishable under the Act is made out - If prima..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Order granting or rejecting anticipatory bail is subject to appellate jurisdiction of High Court u/s 14-A of the Act...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Person is entitled to approach Sessions Court or High Court or even Apex Court, as the case may be praying for grant of appropriate protection from arrest inspite of there being no FIR registered against such person...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court can grant transit anticipatory bail to a person apprehending arrest in a different State even when there is no FIR filed against him...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Second anticipatory bail application - Cheating - Custodial interrogation of applicants is required for recovery of cash and gold jewellery both together amounting to approximately Rs.1.10 Crores - There is no ground for grant of anticipatory bail to applicants at this stage -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 147, 148, 149, 352, 323, 306, 504, 506 -- Anticipatory bail - Offence u/ss 147, 148, 149, 352, 323, 306, 504 & 506 IPC - Grant of anticipatory bail in a heinous case on the basis of CCTV footage produced by accused, without any kind of certification and/or authentication, ignoring the materials on..........
Criminal Procedure Code, 1973, Section 439, 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Bail - Sexual assault - Tutoring a victim at the hands of parents, especially when victim is a child, cannot be ignored even while considering an application for regular bail or pre-arrest bail...........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Anticipatory bail - Sexual assault - Accused is maternal uncle of victim - No criminal antecedents against accused - Victim stated that there were others in the house on the date of incident and victim and complainant continued to stay in the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Peremptory direction against third party which goes to his very livelihood and that too, without even issuing any notice to the appellant is clearly unjustified - Such direction vacated...........
