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Results of s 437 criminal procedure code bail

Showing : 41-50 of 144 Results

KERALA HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 439, 437, Prevention of Damage to Public Property Act, 1984, Section 5, 3, 2, 6 -- Grant of bail under PDPP Act - Approach to be adopted - Held, scheme of the PDPP Act when considered along with S.437 of the Code, it would be clear that in matter of granting bail, a rigorous approach is contemplated when offences alleged are under the..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 437, 439 -- Grant of bail - Imposition of conditions - Appellant has already undergone actual sentence of about 2 years and 2 months - Held, in the facts and circumstances of this case appellant directed to be released on bail on certain conditions...........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 363,366,376 -- IPC Kidnapping and Rape - Bail - It is urged that entire story is fabricated and prosecutrix was major and had gone of her own volition - Moreover, in her statement u/s 164 CrPC she shows that she was taken to Chattisgarh but in recovery memo, she has been recovered from Jharkhand..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 437 -- Cancellation of bail - Bail granted - Subsequently offence u/ss 364-A, 120-B IPC added - Accused released on the same bond which they had executed earlier - Accused did not misuse the bail - No case for cancellation of bail made out...........

KERALA HIGH COURT

Year of decision: 2011
Details

Passport Act, 1967, Section 10, Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 437 -- Grant of bail - Condition of surrender of passport - Legality of - Held, right to travel abroad is encompassed in right to personal liberty which cannot be deprived except according to procedure established by law - Power granted u/s 437 of the Code to..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 437(6) -- Word "Shall" - Whether mandatory? - Held, a bare perusal of provision clearly reveals that although it uses word "shall", word "shall" cannot be interpreted to make a mandatory provision - While sub-clause use word "shall", it also empowers Magistrate to decline benefit of said sub-clause after recording reasons - Once a..........

KERALA HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 437(5) -- Bail - Cancellation - Magistrate who granted bail has the right to cancel the same u/s 437(5) Cr.P.C...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 169,437,439 -- Release of accused - During investigation, Investigating officer moved application with prayer not to extend judicial custody - Magistrate directed accused to be released from jail on furnishing personal bond with or without surety - Held, it is provisional arrangement and does not amount to release of accused on bail..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 436, 436A, 437(6) -- Bail in bailable offence - Subsequent bail when accused jumps bail - Law governing grant of bail summarised viz: (i) Every accused of an bailable offence has legal right to be enlarged on bail and if he fails to furnish the bail within a week is entitled to be released on personal bond; (ii) No accused ordinarily..........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 437, 439 -- Grant of bail - Court is not to examine prosecution evidence thread bare and more so defence of accused to come to conclusion whether material is sufficient to prove guilt to accused beyond reasonable doubt - Court formed opinion that material not sufficient to frame charge, and thus granted bail holding that evidence may..........

Showing : 41-50 of 144 Results