Showing : 11-20 of 177 Results

TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Offence under NDPS Act - Grant of bail when an accused is charged with specific offences under NDPS Act is impaired and circumscribed by rigorous negative pre-conditions enumerated in S.37 of NDPS Act - Stipulations in S.37 of NDPS Act are negative, intended to restrict power to grant bail..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4-- Bail - Cruelty - Dowry demand - Petitioner returned 22 dowry articles - Grandfather and sister of petitioner discharged by Trial Court and mother of petitioner also acquitted after trial - Without commenting on merits of case and keeping in view the totality of facts and circumstances and on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Maintainability - Petitioner is not in custody - Bail application is not maintainable - Even on merits, huge amount stands transferred in account of petitioner having admitted by her and she refused to return the same and rather insisted upon using the same - Apart from that, allegations of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Serious offence - By itself not a ground to deny bail, if there are other overwhelming circumstances justifying grant of bail...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438, 439-- Contraband - Commercial quantity - Bail or anticipatory bail cannot be granted without reference to S.37 NDPS Act and without entering a finding on the required level of satisfaction in case Court otherwise is inclined to grant bail - In the absence of such a satisfaction, order granting..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Bail - Grant of bail merely on the ground that deceased belonged to another religion without discussing relevant factors relating to granting or withholding bail in a murder case - Order granting bail set aside - Matter remitted for decision afresh...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - High Court not to pass mandatory orders of commanding subordinate Court to compulsorily grant bail, particularly, when accused was declared a Proclaimed offender, as such orders breach the independence of subordinate Courts...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail - General observations that `looking to the overall facts and circumstances of case, it is not considered proper to grant bail to petitioner' - Can never be reasoning much less judicial reasoning required for rejection of bail petition whether filed u/s 438 or S.439 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail - Reasons be assigned while considering grant or rejection of bail application...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - High Court has no jurisdiction to direct Sessions Judge to `allow' the application for grant of bail, as judicial independence of every Court in passing orders in cases is well settled, which cannot be interfered with by Court including superior Court...........

Showing : 11-20 of 177 Results