Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Granted by High Court with conditions - High Court in exercise of its power u/s 482 Cr.P.C. can modify/delete the conditions...........
Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132, 134 -- Bail - Offence u/ss 132, 134 of 2017 Act - Accused granted facility of ad-interim bail subject to deposit of Rs.4 crores - Since accused deposited a sum of Rs.4 crores and accused has been enjoying facility of ad-interim bail, accused directed to continue to be on bail..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Rejection of bail in non-bailable case at admission stage and cancellation of bail already granted have to be considered and dealt with on different basis - Very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail already granted...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail has been sought only on the ground of adding a non-bailable offence - All the circumstances necessary to consider bail were available on record - Neither medical condition went aggravated nor any fresh evidence was taken on record - Bail once granted should not be cancelled in a..........
Criminal Procedure Code, 1973, Section 437, 439, 441 -- Bail bonds - Refusal to ascertain the amount of bail bond by trial Court - Once accused is released by High Court and there is no mention about bail amount, it is incumbent on trial Court to fix amount for bail bonds...........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - If co-accused against whom specific allegations were made is granted bail subsequent to rejection of first bail application, said ground may be considered as fresh ground to consider second bail application of accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Second bail application - Dowry death - Applicant is not a direct family member of in-laws of victim, as he is a cousin brother of husband of victim - Husband and mother-in-law of victim already granted bail - There is no progress of trial..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Accused has undergone custody of more than 6 years and 9 months - However, accused with co-accused while on bail gave effect to present occurrence in which deceased lost his life - As regarding plea that applicant has not accused of causing..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Juvenile is below 16 years of age and does not fall into special category of a juvenile between age of 16 and 18 years whose case may be viewed differently -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 307, 34 -- Bail - Cruelty - Accused arrested after non-bailable warrants issued against him - However, summons issued by trial Court were not served on him, as he had shifted his residence - Accused has no knowledge regarding the fact that charge sheet was filed against him and that summons..........
