Criminal Procedure Code, 1973, Section 439 -- Regular Bail - Main allegation of beating and cruelty in connection with on account of dowry demand assigned to other main co-accused - Vague and general allegations against petitioner - petitioner is a lady who is in judicial custody and no useful purpose would be served to detain her in jail - No criminal history of..........
Criminal Procedure Code, 1973, Section 439 -- Regular Bail - Material against petitioner is inculpatory disclosure statement of an accused who has already been acquitted - Bail application of present petitioner allowed with surety bonds...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Regular bail - At the time of medical examination and during course of autopsy not even a single injury was detected on deceased - From the evidence of eye witness and investigating agency it is evident that petitioners had not caused death of deceased - Only Bail application of the..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Accused was convicted and sentenced to undergo R.I. for 1 year with fine of Rs.20,000/- - Accused has agreed to repay amount and has compounded the dispute - Moreover, accused was granted concession of bail subject to depositing..........
Criminal Procedure Code, 1973, Section 439 -- Regular Bail - Grant - Two FIR's were lodged against applicant - Second FIR was lodged in extension to the investigation of first FIR - Petitioner are in custody from 8 months - Challan has already been presented - Bail Granted...........
Criminal Procedure Code, 1973, Section 437(5) -- Bail - Cancellation - Validity - Order of anticipatory bail cannot be taken into consideration while cancelling bail - No allegations in application of prosecution that concession of bail is being mis-used by accused - Held, cancellation of bail is not valid...........
Criminal Procedure Code, 1973, Section 379, 167(2) -- Bail - Non presentation of challan within the stipulated period - Application for extension of time was being sought by prosecution on the ground that chemical report from the FSL has not been received, and in absence of report challan could not be presented - Bail cannot be declined to petitioner as no compelling..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Grant - Petitioners have already joined the investigation and no longer required for further investigation - No history of their previous involvement in any criminal Case - All offences alleged are triable by court of Magistrate - Held, Petitioners are entitled for bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offences u/ss 498-A, 406 & 34 IPC - Settlement between parties - Parties arrived at settlement for a comprehensive settlement of an amount of Rs.6 lacs - Joint petition for divorce by mutual consent shall be filed within two weeks - Amount settled to be paid at..........
Criminal Procedure Code, 1973, Section 439 -- Anticipatory Bail - Rule - Grant or refusal of such bail depends on variety of circumstances, cumulative effect of which, should enter judicial verdict - Power to grant bail is to be exercised sparingly and in exceptional cases keeping into focus facts and circumstances of each case - That investigation is in province of police..........
