Prevention of Terrorism (Repeal) Act, 2004, Section 2(3), 2(5) -- Supreme Court upheld the Constitutional validity of S.2(3), 2(5) of the Repealing Act - It upheld the deemed withdrawal of cases under the POTA - All the accused persons given liberty to move bail applications before the concerned Sessions Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Prima facie case - Court dealing with the bail application should be satisfied as to whether there is a prima facie case - Exhaustive exploration of the merits of the case is not necessary - Court has to see the nature of accusation and severity of punishment in case of conviction, apprehension of tampering of evidence..........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Appeal against - Bail - High Court rejected bail application but liberty was granted to renew the bail application after six months - Held, this does not in any way show that there was entitlement for getting bail - Held, that there was non application of mind - Order of High Court set aside - Case remanded back...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - While granting bail irrelevant and inadmissible evidence considered - Statement of victim u/s 161 Cr.P.C. in case u/s 307 IPC not considered - Defence of accused was that victim attempted to commit suicide and sustained those injuries by fire arm - Theory of prosecution should have been considered by..........
Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 3(1), 3(2), 3(5), 4, 21(4), Indian Penal Code, 1860, Section 120B, 255, 34, 109 -- Bail - Counterfeiting stamp papers - Held, that although appellant was not directly connected with the printing and selling of fake stamp papers but he was associated with main accused and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petition for cancellation thereof - Locus standi - Held, a third party has no locus standi to seek cancellation of bail granted to accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation of - All witnesses have already been examined and investigation is over - Charge-sheet is going to be filed after obtaining sanction from Govt. - A1 and A2 are also strictly complying with the condition by appearing before Judicial Magistrate everyday at 10.30 A.M. - Fleeing from justice and tampering with..........
Criminal Procedure Code, 1973, Section 438, Legal Services Authorities Act, 1987, Section 19(5) -- Anticipatory bail - Held, that Lok Adalat cannot dispose of an anticipatory bail application which is not a proceeding which is disposable by compromise or settlement whereas jurisdiction of Lok Adalat is confined to disposal of cases only on the basis of compromise or..........
Criminal Procedure Code, 1973, Section 439, Prevention of Terrorism Act, 2002, Section 49, 3(1)(A)(B), 4, 20, 21, 22(3)(A)(B), Indian Penal Code, 1860, Section 120B, 121A, 122, 123, Arms Act, 1950, Section 25(1)(B) -- Bail - Bail - Appellant facing trial for various offence - Role of accused clearly established - His links with absconding accused also established -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissal in default or dismissal as withdrawn - Not permissible unless there are strong reasons to do so...........
