Showing : 1-10 of 185 Results

KARNATAKA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, 439(2)-- Anticipatory bail - Granted with condition that accused should not involve himself in similar or any offence - Two cases registered against accused thereafter - Mere registration of an offence is not breach of condition - Accused is innocent till he is held guilty - Order cancelling bail, set..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail and challenging order of grant of bail - Consideration applicable for cancellation of bail and consideration for challenging order of grant of bail on the ground of arbitrary exercise of discretion are different - While considering application of cancellation of bail, Court..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail and challenging order of grant of bail - Appellant challenged the very grant of bail on ground of arbitrary exercise of discretion ignoring relevant materials to be considered in application for bail - Since High Court proceeded under footing as if appellant had filed..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42, 50, Criminal Procedure Code, 1973, Section 439(2)-- Contraband - Commercial quantity - Cancellation of bail - Recovery effected from a bag carried by co-accused in his hand on a public road and not from his person/body - Seizure of narcotic substance by ASI of police is not without authority of law or contravention of notification issued by State..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Addition of new offences when accused is on bail - Where accused is bailed out under orders of Court and new offences are added including offences of serious nature, it is not necessary that in all cases earlier bail should be cancelled by Court before granting permission to arrest an accused on..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Addition of serious offences when accused is on bail - It is one of such circumstances, under which Court can direct accused to be arrested and committed to custody despite bail having been granted with regard to offences with which he was charged at the time when bail was considered and granted...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Addition of new offences including serious offences when accused is on bail - Following procedure be adopted viz: (i) accused can surrender and apply for bail for newly added offences, in event of refusal of bail accused can directly be arrested; (ii) investigating agency can seek order from Court..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3-- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Accused coming to Court after taking liquor - No ground for cancelling the bail...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - On the ground that accused has come to Court after taking liquor - Court below neither found an overt act on the part of accused nor he caused obstruction in Court proceedings - Merely appearing in drunken state in a Court is neither offering insult nor causing interruption..........

Showing : 1-10 of 185 Results