Criminal Procedure Code, 1973, Section 437(6) -- Bail - Where in the opinion of Magistrate, it is not proper or desirable or in the interest of justice to release accused on bail, he may refuse bail by assigning reasons - Provisions of S.437(6) Cr.P.C. cannot be considered to be mandatory in nature and cannot be interpreted to grant an absolute and indefeasible right of..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Stipulations contained in Ss.437(5), 439(2) Cr.P.C. cannot be treated as a substitute for preventive detention laws...........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Where the trial is not concluded within 60 days as prescribed u/s 437(2) Cr.P.C that does not give a right to bail for default - Term "shall" used in S.437 Cr.P.C is discretionary - Court should exercise such powers judiciously and consider other circumstances as provided u/s 437 of the Code of Criminal Procedure...........
Criminal Procedure Code, 1973, Section 437 -- Bail - Magistrate while rejecting bail application has given detailed reasons for the same - Filing of application u/s 482 Cr.P.C for challenging order rejecting bail, amounts to second bail application - Application rejected...........
Criminal Procedure Code, 1973, Section 437 -- Bail - S.437 Cr.P.C would come into play when accused is arrested or detained or when summons or warrant is issued against accused for causing him to be brought or to appear before Court - In absence of any order for issuance of summons or warrant u/s 204 Cr.P.C or under any other provision of Cr.P.C, summons could not have..........
Criminal Procedure Code, 1973, Section 437, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money laundering - No order passed by Special Court for issuance of summons or warrant against appellant - However, summons u/s 61 Cr.P.C came to be issued requiring appellant to appear before Special Court, appellant appeared and applied for his release on bail -..........
Criminal Procedure Code, 1973, Section 436, 437 -- Bail - Provisions of Ss.436 and 437 Cr.P.C. permit appearance before jurisdictional Court by the person accused of an offence...........
Criminal Procedure Code, 1973, Section 436, 437 -- Bail - Permission to surrender - When Cr.P.C permits a person accused of an offence to surrender before Court having jurisdiction over the subject matter, it cannot refuse permission...........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Bail application qua certain provisions of the offence under IPC - Anticipatory bail application qua offence under other provisions of IPC - This is misuse of process of Court - Accused should apply for bail under all sections and accused cannot be permitted to apply for bail in part, that too firstly getting..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Pre-condition of furnishing bank guarantee - Not sustainable - Set aside...........
