Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Addition of new offences including serious offences when accused is on bail - Following procedure be adopted viz: (i) accused can surrender and apply for bail for newly added offences, in event of refusal of bail accused can directly be arrested; (ii) investigating agency can seek order from Court u/s 437(5) or..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Power of cancellation of bail has to be exercised with care and caution as it is power of extraordinary nature, as Courts have been empowered to cancel bail granted by it despite statutory bar u/s 362 Cr.P.C to alter or review its decision...........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Accused not violated any condition imposed upon him at the time of enlarging him on bail - Bail cancelled for no, deposit of amount as directed by High Court - Non-payment of amount directed to be deposited by accused in writ petition, cannot be considered as cancellation of bail by exercising power..........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Cancellation of bail - Powers granted to Magistrate u/s 437(5) Cr.P.C. and power granted to Sessions Court as well as High Court u/s 439(2) Cr.P.C. are not for cancellation of bail in all circumstances...........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Cancellation of bail - When there is violation of bail conditions, prosecution or aggrieved need not rush to Superior Courts, they can approach the very same Court u/s 437(5) Cr.P.C. as well as u/s 439(2) Cr.P.C. for getting the accused arrested...........
Criminal Procedure Code, 1973, Section 437(5), 167(2) - - Cancellation of bail - Bail granted u/s 167(2) Proviso Cr.P.C., can be cancelled by invoking the provisions of S.437(5) Cr.P.C...........
Criminal Procedure Code, 1973, Section 437 -- Cancellation of bail - Bail granted - Subsequently offence u/ss 364-A, 120-B IPC added - Accused released on the same bond which they had executed earlier - Accused did not misuse the bail - No case for cancellation of bail made out...........
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 439(2), 437(5), 482, Constitution of India, 1950, Article 227 -- Cancellation of bail - Inherent powers - Bail granted to accused, but accused not released - No change in circumstances - Provision of S.437(5) and 439(2) cannot be invoked to cancel bail under such circumstances - However, High Court can decide the application for..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Cancellation - Offence u/s 498-A IPC - Accused granted bail on the premise that there is possibility of compromise between the parties - No compromise took place - Breach of compromise is not a ground for cancellation of bail - Having granted bail, it is not open to Court to cancel the same on a ground alien to the..........
