Showing : 1-10 of 529 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Application cannot be rejected merely on the ground that petition u/s 482 Cr.P.C. for quashing of FIR has already been rejected - Dismissal of petition u/s 482 Cr.P.C. for quashing is not conclusive and cannot be the reason to reject application for anticipatory bail...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - To be heard by same judge who had disposed of first bail application in case he is available...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Maintainability of petition - High Court Registry cannot exercise power to answer maintainability of petition, as it is realm of Court - Power of judicial function cannot be delegated to the Registry - Order rejecting numbering/registration of petition by Registry set aside -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 166, 174A, 218, 221, 120B-- Anticipatory bail - Offence u/ss 166, 174-A, 218, 221, 120-B IPC - Allegation against petitioner `N' to the effect that he helped petitioner `P' to get bail from Court and had not insisted on seeking any police or judicial remand - Offences u/ss 166, 218, 221, 120-B IPC are all bailable offences..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 166, 174A, 218, 221, 120B-- Anticipatory bail - Offence u/ss 166, 174-A, 218, 221, 120-B IPC - Petitioner `P' declared P.O - Although offence u/s 174-A IPC is attracted, but bearing in mind the fact that she is already appearing before trial Court in respect of main case, it is a fit case for grant of anticipatory bail to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Right to get anticipatory bail is not any fundamental right - Provision of S.438 Cr.P.C provides only a remedy to an accused and leaves extent of right to liberty to be decided by Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Concurrent jurisdiction conferred on High Court and Sessions Court to grant anticipatory bail u/s 438 Cr.P.C - However, unless there is some extraordinary or exceptional circumstance forcing accused to move directly to High Court for seeking anticipatory bail, in normal course,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 506-- Anticipatory bail - Cheating - Petitioner directly approached High Court for seeking anticipatory bail - Reasons for the same are that petitioner belongs to State of U.P and case registered in State of Haryana, all male members of his family are involved in the case and complainant is hobnobbing..........
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...........

Showing : 1-10 of 529 Results