Passport Act, 1967, Section 10, Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 437 -- Grant of bail - Condition of surrender of passport - Legality of - Held, right to travel abroad is encompassed in right to personal liberty which cannot be deprived except according to procedure established by law - Power granted u/s 437 of the Code to..........
Criminal Procedure Code, 1973, Section 437(6) -- Word "Shall" - Whether mandatory? - Held, a bare perusal of provision clearly reveals that although it uses word "shall", word "shall" cannot be interpreted to make a mandatory provision - While sub-clause use word "shall", it also empowers Magistrate to decline benefit of said sub-clause after recording reasons - Once a..........
Criminal Procedure Code, 1973, Section 437(5) -- Bail - Cancellation - Magistrate who granted bail has the right to cancel the same u/s 437(5) Cr.P.C...........
Criminal Procedure Code, 1973, Section 169,437,439 -- Release of accused - During investigation, Investigating officer moved application with prayer not to extend judicial custody - Magistrate directed accused to be released from jail on furnishing personal bond with or without surety - Held, it is provisional arrangement and does not amount to release of accused on bail..........
Criminal Procedure Code, 1973, Section 436, 436A, 437(6) -- Bail in bailable offence - Subsequent bail when accused jumps bail - Law governing grant of bail summarised viz: (i) Every accused of an bailable offence has legal right to be enlarged on bail and if he fails to furnish the bail within a week is entitled to be released on personal bond; (ii) No accused ordinarily..........
Criminal Procedure Code, 1973, Section 437, 439 -- Grant of bail - Court is not to examine prosecution evidence thread bare and more so defence of accused to come to conclusion whether material is sufficient to prove guilt to accused beyond reasonable doubt - Court formed opinion that material not sufficient to frame charge, and thus granted bail holding that evidence may..........
Criminal Procedure Code, 1973, Section 437 -- Second bail application - Grant or refusal to grant bail is an interlocutory order and there is no finality in the matter - There is no bar in filing second bail application, regular or anticipatory...........
Criminal Procedure Code, 1973, Section 437, 439 -- Review of order of cancellation of bail by Supreme Court - Exemption from arrest also sought - Held, accused ought to have surrendered or taken in custody because of cancellation of bail - Review petition dismissed with direction to CBI to execute order of Court forthwith...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Refused for non recording of formal arrest - Production of accused before Magistrate in terms of production warrant - Can be treated as `brought before Court' for the purpose of entertaining bail application u/s 437 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Refusal for non recording of formal arrest - The laxity, refusal or inability of I.O. to make formal arrest of accused who is in judicial custody in another case, cannot take away the right of accused to apply for bail and it is enough if his presence before Court is secured so that he could be treated as having..........
