Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Magistrate before cancelling bail is required to issue notice to accused so as to afford him an opportunity to explain as to why bail should not be cancelled - Said course not adopted by Magistrate - Order of cancellation of bail set aside...........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Non-compliance of order passed in civil proceedings, cannot be made basis of cancellation of bail in a criminal case, particularly when said order is under challenge in Supreme Court and contempt proceedings were already initiated against accused...........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Power of cancellation of bail has to be exercised with care and caution as it is power of extraordinary nature, as Courts have been empowered to cancel bail granted by it despite statutory bar u/s 362 Cr.P.C to alter or review its decision...........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Accused not violated any condition imposed upon him at the time of enlarging him on bail - Bail cancelled for no, deposit of amount as directed by High Court - Non-payment of amount directed to be deposited by accused in writ petition, cannot be considered as cancellation of bail by exercising power..........
Criminal Procedure Code, 1973, Section 437 -- Bail - While considering regular bail application of accused u/s 437 Cr.P.C, factum of rejection or acceptance of anticipatory bail application by itself is not germane - However, factors which weighted with Court while either rejecting or granting anticipatory bail to accused or such of them as are relevant post filing of..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Accused who is charge sheeted without arrest u/s 376 IPC or any other offence punishable with imprisonment for life or death may be released on bail u/s 437(1) Cr.P.C, provided there are no reasonable grounds for Court to believe that accused is guilty of offence punishable with imprisonment for life or death or accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 438 -- Contraband - S.37 NDPS Act only uses the expression `bail, therefore, restrictions u/s 37 of the Act apply to regular bail as well as to anticipatory bail...........
Criminal Procedure Code, 1973, Section 437 -- Bail - While considering bail application, Courts are not expected to discuss merits and demerits of evidence collected against accused - Moreover, detailed examination of evidence or elaborate documentation of merits of case is also to be avoided...........
Criminal Procedure Code, 1973, Section 437, Prevention of Money Laundering Act, 2003, Section 45, Constitution of India, 1950, Article 14, 21 -- Bail - Offence under PML Act - Imposition of limitations on bail - Discretion vests with Court to enlarge bail or to refuse bail u/s 45 of the Act on basis of reasonable grounds for believing - Said limitation on bail is in..........
