Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Kidnapping and sexual assault - Applicants are parents of A-1 - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 306 -- Default bail - Offence u/s 306 IPC - Challan not presented within statutory period of 90 days - Accused entitled to default bail in terms of S.167(2) Cr.P.C and cognizance by Sessions Court u/s 193 Cr.P.C was inconsequential...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 392, 394, 34, 411 -- Suspension of sentence during pendency of appeal - Offence u/ss 392, 394, 34, 411 IPC - Complainant identified accused in Test Identification Proceeding and in his deposition before Court - He had seen accused in unmuffled face in Court - Accused had already spent more than 3..........
Indian Penal Code, 1860, Section 307, 452, 427, 506, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Attempt to murder - Case of no injury, as none is injured in the case - Challan is presented and petitioner is in custody since 2019 - Petitioner is no more required in any further investigation of case - Trial of case may take some time..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Anticipatory bail - SIT came to a conclusion that no such incident of alleged molestation had taken place and according police prepared cancellation report - Present petition is thus rendered infructuous - Police authorities are at liberty to proceed against prosecutrix for..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 13, 17, 18, 38, 39, Indian Penal Code, 1860, Section 120B, 121A, 125 -- Bail - Offence u/ss 13, 17, 18, 38, 39 of Unlawful activities Act and Ss.120-B, 121-A, 125 IPC - Ample material in investigation paper against applicant, from which, it can be said that applicant has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 353, 186, 283, 188, 160, 148, 149, Arms Act, 1959, Section 25, 57, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(t), 3(2)(v) -- Prevention of Damage to Property Act, 2014, S.3 - Bail - Weapons of all the four accused were recovered and..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet - Plea that it is a preliminary charge sheet - On the basis of FIR lodged by informant, police completed the investigation and initially submitted the charge sheet and having considered the broad spectrum of conspiracy involved in the case, police continued with further investigation - Held, plea..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, 10 -- Juvenile - Bail - Once a child is produced before a JJB bail is rule - However, where release of child is likely to bring him into association with known criminals or expose child to moral, physical or psychological danger or where release of child would defeat ends of justice, then bail can be..........
