Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Applicant alongwith others committed a theft of Rs.75,000 and gold articles - Though offence are triable by Magistrate but not bailable and maximum punishment can go upto 5 years, 7 years, 14 years respectively, it cannot be said that Magistrate..........
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 437(4) -- Bail - If Magistrate chooses to enlarge an accused who is guilty of an offence punishable with death or imprisonment for life, he shall state reasons for arriving at conclusion that there are no reasonable grounds for believing that accused has been guilty of offence punishable...........
Criminal Procedure Code, 1973, Section 437(4), Indian Penal Code, 1860, Section 304B, 498A, 306 -- Bail - Dowry death - Cruelty - Magistrate granted bail to accused - However, order does not give reasons sufficient to hold that there are no reasonable grounds for believing that accused have been guilty of offences - Magistrate thus, acted without jurisdiction in granting..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - If a person is arrested and not produced before jurisdictional Court, he is entitled to maintain a petition u/s 437 Cr.P.C, as there is no need of actual production of accused before jurisdictional Court seeking bail u/s 437 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Magistrate has got absolute jurisdiction to entertain an application u/s 437 Cr.P.C in view of Ss.78 to 81 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437(2) -- Re-arrest of accused - After granting bail - Magistrate has power to order re-arrest accused in the event of subsequent addition of provisions of no, bailable offences under IPC and for this, cancellation of earlier bail is not at all necessary...........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Addition of new offences when accused is on bail - Where accused is bailed out under orders of Court and new offences are added including offences of serious nature, it is not necessary that in all cases earlier bail should be cancelled by Court before granting permission to arrest an accused on basis of new offences..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Addition of serious offences when accused is on bail - It is one of such circumstances, under which Court can direct accused to be arrested and committed to custody despite bail having been granted with regard to offences with which he was charged at the time when bail was considered and granted...........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Addition of new offences including serious offences when accused is on bail - Following procedure be adopted viz: (i) accused can surrender and apply for bail for newly added offences, in event of refusal of bail accused can directly be arrested; (ii) investigating agency can seek order from Court u/s 437(5) or..........
