Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 107 -- Anticipatory bail - Abetment of suicide - Prosecution not able to collect any evidence to show that petitioner by his words or conduct suggested to deceased to commit suicide or that he did something which was proximate to commission of suicide by deceased - General allegation is not..........
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, 82, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Proclaimed offender - When accused is declared proclaimed offender he should not be granted anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34, 386, 365, 212 -- Anticipatory bail - Offence u/ss 306, 34, 386, 365, 212 IPC - Petitioner named in the FIR - Overt act attributed to petitioner - Nature and gravity of the offences in question, shows that it was not a fit case where petitioner is entitled to benefit of anticipatory bail -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 418, 420, 406, 465, 468, 120B -- Anticipatory bail - Case based on documentary evidence - Custodial interrogation may not be required - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 504, 506 -- Anticipatory bail - Rape - Promise of marriage - Prosecutrix a young educated girl consented to have sexual intercourse with accused on the promise of marriage - She being fully aware of consequences of having sexual intercourse with a man before marriage - Promise to marry cannot..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.18 of 1989 Act creates a bar in invoking S.438 Cr.P.C. - However, a duty is cast on Court to verify averments in FIR or in complaint to find out whether an offence under Act of 1989 Act prima facie made out against..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While considering application u/s 438 Cr.P.C., it is not open to Court to conduct a critical analysis of materials on record or to conduct a roving enquiry into the matter...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Non appearance of accused after grant of bail - Non bailable warrants issued - Report u/s 173(2) Cr.P.C. not so far presented as such presence of accused was not required for taking any effective steps or proceedings by trial Court - Absence of petitioner was not willful or intentional but due to some..........
