Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 354A, 323, 506 -- Anticipatory bail - Granted with conditions - Offence u/ss 452, 354-A, 323, 506 IPC - Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate - Granting bail, subject to said condition renders Courts susceptible to charge of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 354, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Anticipatory bail - Offence u/ss 363, 366, 354 IPC and S.10 of POCSO Act - Prosecutrix aged about 15 years went with accused voluntarily - However, co-accused subsequently joined them - Anticipatory bail denied to..........
Criminal Procedure Code, 1973, Section 438, Copyright Act, 1957, Section 63, Trade Marks Act, 1999, Section 103 -- Anticipatory bail - Maintainability - Offences u/s 63 of Copyright Act and S.103 of Trade Marks Act are non-bailable in nature - Application for anticipatory bail is maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 418, 465, 482, 483, 485, 486, 488, 34, Copyright Act, 1957, Section 63, Trade Marks Act, 1999, Section 103 -- Anticipatory bail - Maintainability - Offence u/s 418, 465, 482, 483, 485, 486, 488, 34 IPC and S.63 of Copyright Act and S.103 of Trade Marks Act - There is infringement of trademark..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Anticipatory bail - Offence u/ss 20, 29 of NDPS Act - Main accused already released on bail - He joined investigation and his custodial interrogation is not required - Considering status report filed and submissions by I.O. petitioner ordered to be released..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2), Criminal Procedure Code, 1973, Section 438 -- Appeal - Order rejecting anticipatory bail application by Special Court - Only remedy available for petitioner is to file an appeal u/s 14-A(2) of the Act, as existence of an order of Special Court is sine qua non for approaching High..........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Merely because proceedings u/s 82 Cr.P.C have been initiated against accused, anticipatory bail cannot be denied to accused on this ground alone...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 201, 204, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d), Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused was not named in FIR and during investigation he had fully cooperated and participated and his statement u/s..........
Criminal Procedure Code, 1973, Section 438, 357A -- Anticipatory bail - Granted with condition to pay victim compensation - Offence u/ss 420, 406 IPC - Bail was granted on merits after considering relevant considerations - Court imposed a condition that accused jointly will pay Rs.1 lakh victim compensation on submission made by accused at the time of hearing that they are..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61 -- Anticipatory bail - Offence u/s 61 of Punjab Excise Act - Recovery of 30 liters of `lahan' and 750 mls of illicit liquor from the house of petitioner - As per allegations, petitioner ran away from the spot - However, accused contends that prosecution version is highly improbable as it would..........
