Criminal Procedure Code, 1973, Section 437(3), 438 -- Bail - S.437(3) Cr.P.C. allows Courts to impose conditions in interest of justice - But such conditions cannot be arbitrary, fanciful or extend beyond ends of provision - In instant case, High Court while granting anticipatory bail exceeded its jurisdiction in imposing such arbitrary conditions - Some of conditions..........
Criminal Procedure Code, 1973, Section 436, 437 -- Bail - Accused cannot be re-arrested in the same matter without cancellation of bail...........
Criminal Procedure Code, 1973, Section 437, 438, 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - While considering the application for grant of bail u/ss 437, 438, 439 Cr.P.C., legislature purposely gave overriding effect of provisions of 2015 Act by clearly mentioning in S.12 of the said Act...........
Criminal Procedure Code, 1973, Section 437, 438, 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Approach while considering the applications u/ss 437, 438, 439 Cr.P.C. is as to why applicants should be granted bail - Whereas, in an application u/s 12 of 2015 Act, approach should be that as to why there should be refusal...........
Criminal Procedure Code, 1973, Section 438, 437, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 PML Act - Evidence on record shows that accused and his wife acquired huge movable and immovable properties - Even, prosecution prima facie successful in proving : (i) predicate crime; (ii) tainted property; and the property..........
Criminal Procedure Code, 1973, Section 437(1), (4) -- Bail - Grant or refusal - Court must indicate reasons for prima facie concluding why bail was granted or refused...........
Criminal Procedure Code, 1973, Section 437(1), (4) -- Bail - Grant or refusal - Reasons for granting or refusing bail are always based on facts of case - Without mentioning facts, no reason can be recorded - It is therefore necessary to mention the facts in brief, including date of arrest/surrender of accused and rank of accused, if there are two or more accused in crime..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Non conclusion of trial within 60 days - S.437(6) Cr.P.C. is not mandatory but it is discretion of Court - 21 cases pending against petitioner and he is habitual offender - Application dismissed...........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Cancellation of bail - Powers granted to Magistrate u/s 437(5) Cr.P.C. and power granted to Sessions Court as well as High Court u/s 439(2) Cr.P.C. are not for cancellation of bail in all circumstances...........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Powers of Courts u/ss 439(2), 437(5) Cr.P.C. - Sessions Court and Court of Magistrate under the guise of powers conferred u/ss 439(2) or 437(5) Cr.P.C, cannot review its orders granting bail...........
