Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Mere allegations unsupported by substantive proof, cannot form the basis for cancellation of bail, as power to cancel bail must be exercised sparingly and only in cases of clear misuse or violation of conditions imposed at the time of grant of bail...........
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, 439 -- Bail - While considering application for bail, scope of appreciation of evidence and other material on record is limited - Court is not expected to critical analysis of evidence on record...........
Criminal Procedure Code, 1973, Section 438, 439 -- Successive bail applications - No restriction in moving successive bail/anticipatory bail applications if there is change in circumstances...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Paramount consideration in cases where bail or anticipatory bail is claimed are the nature and gravity of offence propensity or ability of accused to influence evidence during investigation or interfere with trial process by threatening or otherwise trying to influence the witnesses, likelihood of accused to flee..........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory bail - Investigation was completed and charge sheet was filed after granting of anticipatory bail to accused - Accused cooperated with investigation both before when no protection was granted to him till filing of charge sheet - Impugned order of High Court rejecting bail and directing accused to surrender and..........
Criminal Procedure Code, 1973, Section 439, 438 -- Pendency of bail application - Duty of police officer before arrest of accused - It is the duty of every Police Officer to contact the office of prosecutor before arresting an accused, when a bail application is pending before a Court of law to verify whether there is any interim order passed by Court - Without verifying..........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Bail application qua certain provisions of the offence under IPC - Anticipatory bail application qua offence under other provisions of IPC - This is misuse of process of Court - Accused should apply for bail under all sections and accused cannot be permitted to apply for bail in part, that too firstly getting..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14(2), Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Offence under SC/ST Act - High Court cannot entertain an application u/ss 438, 439 Cr.P.C for an offence under SC/ST Act as authority has been taken away from High Court impliedly by S.14-A(2) of SC/ST Act which makes High..........
