Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354, 511, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 12, Information Technology Act, 2000, Section 66(E) -- Bail - Rape case - Incident occurred in 2018, but there is no plausible explanation as to why prosecutrix kept mum for almost 2 years before lodging FIR..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Two spells of custody - One spell when police was investigating - Second spell when CBI was investigating - Two spells of custody to be clubbed together for the purpose of claiming `compulsive bail' u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - If the order granting bail is vitiated by arbitrary and wrong exercise of discretion by Court, the same can be set at naught by High Court u/s 439(2) of the Code...........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 9(f), 9(k), 9(m), 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Cancellation of bail - Outraging modesty of minor girl by her teacher - Victim aged about 11 years is an intellectual..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Cheating - Civil dispute between parties - Charge sheet has already been filed and there is no requirement of applicants for investigation - Accused has no criminal history - Bail granted...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Abetment of suicide - Neither there is any allegation of demand of dowry nor any motive for abetment or instigation so as to drive deceased to commit suicide - Investigation is going on unhampered - Accused is in judicial custody since April 2020 - He has no criminal history -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order passed in bail is not a final judgment in trial...........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Words `other condition' or `any condition' as refereed in Ss.437(3), 439(1)(a), 438(2)(iv) Cr.P.C should be similar in nature - However, Court cannot impose `any condition' it likes while granting bail but it has to be reasonable and pragmatic...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition to deposit fine of Rs.60,000 - Fine can be imposed only by way of punishment - Unless a guilt is proved and accused is convicted, no punishment can be imposed and fine which is in fact a sentence cannot be awarded - Since imposition of fine can only be imposed after conclusion of trial that too..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition to deposit fine of Rs.60,000 - Making a submission by petitioner that he is ready to pay fine, cannot be said to be admitting guilt or pleading his guilt - Court should not have considered such submission, which does not have any force of law or fact while arriving at a conclusion deciding bail..........
