Showing : 1-10 of 20 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence u/s 3 of SC/ST Act - Anticipatory bail - Complaint against petitioners that they abused complainant by referring to her community is false and mala fide - Complainant appears to be habitual late comer and when her superior officers attempted to discipline her, she chose to hit back and..........
MADRAS 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, 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Provision of S.438 Cr.P.C. stands excluded to offence under SC/ST Act - However, High Court can grant anticipatory bail in an offence under SC/ST Act by invoking provision of S.482 Cr.P.C. or Art.226 Constitution of India...........
MADRAS 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, 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Provision of S.438 Cr.P.C. stands excluded to offence under SC/ST Act - However, High Court can grant anticipatory bail in an offence under SC/ST Act by invoking provision of S.482 Cr.P.C. or Art.226 Constitution of India - Power to grant anticipatory bail is available to..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, 15, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Anticipatory bail - Impleadment of victim/dependent/de facto complainant - When an accused in a case under SC/ST Act takes out an application for grant of anticipatory bail, he has to necessarily implead victim/dependent/de facto complainant - It shall be duty of I.O to..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Anticipatory bail - Accused has to file a petition along with annexures containing all necessary and relevant materials - Only after judicial scrutiny of those materials and particulars, Court can come to a decision as to whether accused is entitled to anticipatory bail -..........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 452, 427, 354, 201, 341, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), (xi), (s)-- Bail - Offence u/ss 323, 325, 452, 427, 354, 201, 341, 34 IPC and S.3(1)(x), (xi), (s) of SC/ST Act - No allegations regarding uttering derogatory remarks made by complainant at initial stage when she dialed at No.100 - Petitioners are in custody since March 2019 and even arguments on charge have..........
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 - Offence u/ss 376, 342, 406 IPC and S.3 of SC & ST Act - Allegations and counter allegations is a debatable issue arising over the fact whether prosecution has been set up as counter blast to proceedings initiated u/s 138 NI Act which could only be adjudicated at the time of..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18A, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Ingredients of offence u/s 3 of SC/ST Act made out against accused - Embargo u/s 18 of SC/ST applies - Application u/s 438 Cr.P.C for anticipatory bail against such offence is not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Complainant abused in the name of his caste - Complainant also assaulted by accused - This was not a case where bar u/s 18 of SC/ST Act overcome by accused - Ingredients of offence of alleged atrocity against accused made out - Bail rejected...........

Showing : 1-10 of 20 Results