Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition that appellant resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife - High Court should have considered the prayer of appellant for pre-arrest bail entirely on its own merit instead of imposing a condition which is not traceable to S.438(2)..........
Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Petitioner has failed to produce any cogent material to demonstrate that respondents have acted in contravention of conditions imposed while granting anticipatory bail - Reply filed by State categorically negates the allegations of breach of undertaking or any misconduct on the part..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Appellant joined investigation - Custodial interrogation of appellant is not required any more - Anticipatory bail application allowed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - When application for bail is filed, Court is required to impose such bail conditions which would ensure that accused does not flee from justice and is available to face Trial - Imposing conditions which are irrelevant for exercise of power u/s 438 Cr.P.C. would not therefore be warranted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court and Court of Session have concurrent jurisdiction to grant anticipatory bail for an offence - Hence, an application for grant of anticipatory bail directly in the High Court without first approaching Sessions Court is certainly maintainable - However, High Court hearing application for..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - When application for anticipatory bail is first moved before Sessions Court there can only be two situations, either it would be granted or rejected - If it is rejected by Sessions Court then the order of rejection passed by Sessions Court would throw light on the case and High Court would be benefitted by..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Anticipatory bail application is maintainable at the instance of an accused who is already in judicial custody in a different offence...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
