Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail has been sought only on the ground of adding a non-bailable offence - All the circumstances necessary to consider bail were available on record - Neither medical condition went aggravated nor any fresh evidence was taken on record - Bail once granted should not be cancelled in a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 452, 506, 323, 34 -- Bail - Rape - Victim was not alone in the house on the date of incident and her daughter-in-law was sleeping on ground floor - No hue and cries made by victim - Story put forth by victim is highly improbable, as medical evidence does not support prosecution case - Victim..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 3, 25 -- Bail during pendency of appeal against conviction - Claim on the ground of parity - Murder - Co-accused granted bail, as he was above 80 years - However, present accused persons were carrying a double barrel gun and country made pistol respectively and..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal presence - Declined on the ground that medical certificate not produced in proof of illness - No opportunity granted to file medical certificate - Proceedings not held up due to non presence of petitioner as Court was to decide application u/s 311 Cr.P.C. which could be decided even in absence of..........
Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Anticipatory bail granted on the ground that according to Medical report the injury was simple and a case u/s 326 IPC was not made out - Held, weapon of offence was yet to be recovered and question as to whether case falls u/s 326 IPC or not can be determined only after investigation..........
Criminal Procedure Code, 1973, Section 439 -- Murder - Bail - Grant of - Bail sought on medical ground as applicant is suffering from Hiatus Hernia with convulsive disorder with hypertension and some other ailments as is confirmed from medical status report - Vicious antecedents of applicant as around 14 criminal cases are pending against him - Held, grant of regular bail..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Power of High Court - When bail is to be granted on merits only then provision of S.37 NDPS Act operate - When bail is to be granted on other circumstances or humanitarian ground like the medical ground, powers of High Court u/s 438 Cr.P.C. are not..........
