Criminal Procedure Code, 1973, Section 439 -- Bail - Alongwith bail application accused filed surrender memo - When accused appeared before Court and moved bail application then he surrendered before Court - When accused appears before Court and applies for surrender, his prayer shall be accepted - Magistrate shall consider his plea for surrender and entitlement to bail as..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Third anticipatory bail application - Dishonour of cheque - Bail cancelled due to non appearance - Anticipatory bail granted twice but accused chose not to appear - Third anticipatory bail application - No ground to extend said concession for the third time - However, in case..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 379 -- Quashing of proceedings - Offence u/ss 323, 341, 379 IPC - Main allegations in complaint are with respect to partnership firm - Partner of partnership firm not made any complaint - One of accused is partner of partnership firm - Allegations in complaint are with respect to..........
Criminal Procedure Code, 1973, Section 446, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Surety - Forfeiture of bond - Offence u/s 15(c) NDPS Act - Accused on parole and he did not surrender on completion of his parole period - Order forfeiting surety bond of surety in its entirely is certainly a harsh step taken by District Magistrate and First..........
Criminal Procedure Code, 1973, Section 82, 299 -- Absconder - Petitioner was in custody after his arrest - He was released on interim bail - Petitioner was not in custody when application for regular bail was filed by him, as his bail was cancelled by trial Court and he was directed to surrender - But instead of surrendering, petitioner filed present application -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granting 10 days time by Session Judge to accused to surrender before Magistrate while dismissing his application of anticipatory bail - Not sustainable, as such order virtually prevented I.O. from arresting accused during aforesaid period despite dismissal of application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 436 -- Bailable offence - Issue of no, bailable warrant - Revision - Issuance of no, bailable warrant consequent to the failure to produce sureties and at the same time remaining absent on hearing dates - Held, it cannot be said to be improper or irregular - Revision liable to be dismissed - However, it is made clear that petitioner..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 446 -- Dishonour of cheque - Non-appearance of accused - Imposition of penalty - Accused did not surrender before Magistrate to receive verdict of trial Court - Failed to place before Court any material - Sureties did not offer any explanation when notice u/s 446 CrPC was issued - Held,..........
Criminal Procedure Code, 1973, Section 438 -- Accused declared P.O. in bailable offences - Accused sought anticipatory bail apprehending his arrest before his bail application was considered - Accused directed to surrender before the area magistrate - Apprehension of accused was misconceived - When accused is declared P.O. in bailable offence, then ordinarily they should..........
Criminal Procedure Code, 1973, Section 436 -- Bail - FIR lodged for offences which are bailable - Held, accused cannot straightaway surrender before Magistrate and furnished bail with a request that he be released on bail u/s 436 Cr.P.C. when no proceedings are pending before Magistrate - Accused has to first appear before Police Officer Incharge of police station and..........
