Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- Offence under SC/ST Act - Directions issued for safeguards against arrest and false implications: (i) No absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny complaint is found to be prima facie mala..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granting 10 days time by Session Judge to accused to surrender before Magistrate while dismissing his application of anticipatory bail - Not sustainable, as such order virtually prevented I.O. from arresting accused during aforesaid period despite dismissal of application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 143, 147, 148, 452, 427, 323, 324, 506(1), 34 -- Anticipatory bail - Offence u/ss 147, 148, 452, 427, 323, 324, 506(1) IPC - Accused and de facto complainant are relatives - No case of prosecution that accused caused injury or that he intended to cause injury on any vital part of body of de facto..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 306, 201, 34 -- Anticipatory bail - Cheating - Abetment of suicide - Suicide note - Prima facie materials so collected by prosecution are not sufficient to show that petitioners instigated or intentionally aided deceased to commit suicide - It is not imperative for an effective..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Accused already taken voluntarily retirement in the year 2011 and suicide is of year 2017 - Investigation of case is in progress and same is yet to be completed - Gone through available materials - It is a case where accused needs protection on..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - De facto complainant submitted that he had no objection if protection u/s 438(2) Cr.P.C. is granted to accused, in case he is permitted to withdraw amount deposited before this Court - He is only interested in getting his money and does not want to prosecute accused - Complainant permitted to withdraw amount..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Anticipatory bail - FIR was registered u/ss 354-A, 34 of IPC in which petitioners were granted bail - Later S.354-D of IPC and S.12 of POSCO were added - Petitioners whether falsely implicated, is a fact which would be..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Anticipatory bail - Disproportionate assets - Plea of political vendetta - Allegations against petitioner are serious in nature - Petitioner allegedly misused his official position while holding a senior post under Punjab police so as to create vast assets both..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - Live-i, relationship between parties - Prima facie alleged act of rape was a consensual act between two adult persons - Record indicates that prosecutrix signed documents pertaining to her medical termination of pregnancy at her own will - Applicant deserves..........
