Criminal Procedure Code, 1973, Section 437(6) -- Bail - In terms of S.437(6) Cr.P.C, bail ought to be granted, where trial is not concluded within a period of 60 days after first date fixed for prosecution evidence...........
Criminal Procedure Code, 1973, Section 437, 439, 441 -- Bail bonds - Refusal to ascertain the amount of bail bond by trial Court - Once accused is released by High Court and there is no mention about bail amount, it is incumbent on trial Court to fix amount for bail bonds...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - While granting bail conditions imposed should not be stringent but should be reasonable, otherwise it would amount to denial of bail and further amount to denial and deprivation of personal liberty of accused violating his constitutional right guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 437, 482, Indian Penal Code, 1860, Section 420, 34 -- Bail - Condition of furnishing bank guarantee of Rs.2 lakh - Cheating - Accused is a small agriculturist, yet stringent and onerous condition of furnishing bank guarantee of Rs.2 lakh was imposed by Magistrate though has partly been modified by revisional Court from Rs.2 lakh to 1..........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Possibility of accused influencing course of investigation, tampering with evidence, intimidating witnesses, and likelihood of fleeing justice, can be taken care of by imposing elaborative conditions and stringent conditions...........
Criminal Procedure Code, 1973, Section 439(1)(a), 437(3) -- Bail - Conditions - Court, in addition to the conditions mentioned in S.437(3), clauses (a) to (c) can impose such other conditions as it considers necessary - Such conditions can be imposed `Only if it considers necessary' for which a finding is necessary for imposing such other conditions - Bail Court should..........
Criminal Procedure Code, 1973, Section 437(1) -- Proviso - Bail - Simply because petitioner is a woman, she is not entitled to bail, as it is discretion of Court to decide whether a woman is to be released on bail in facts and circumstances of each case...........
Criminal Procedure Code, 1973, Section 437, 439 -- Two bail applications - Common order can be passed by Sessions Court in two bail applications filed by petitioner in two separate crimes...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Murder case - Petitioners is involved in altogether six murder cases - Modus operandi of petitioner as per allegation of prosecution is almost same in all cases - Allegations against petitioner are very serious in nature - Earlier also bail application of petitioner was dismissed - Petitioner had attempted to commit..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Accused entitled to apply for a grant of bail if trial of any non-bailable offence is not concluded within a period of 60 days from first date fixed for taking evidence in the case - But this right is not an absolute right and Magistrate for reasons to be recorded in writing can reject application even u/s 437(6)..........
