Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be declined solely on the ground that accused is involved in another case...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail is to be dealt with on a different footing in comparison to a proceeding for grant of bail - There shall be cogent and overwhelming reasons for the cancellation of bail granted to an accused - Conventionally, there can be supervening circumstances which may develop post the grant..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Stipulations contained in Ss.437(5), 439(2) Cr.P.C. cannot be treated as a substitute for preventive detention laws...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to petitioner cancelled on the ground that he is involved in other offence - However, prosecution has not produced any material to show that alleged involvement of petitioner in subsequent crime has any nexus with trial or any of proceedings in the case - Nothing to show that he had an..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted by imposing condition of demolishing the wall at the expense of appellants and handing over possession of disputed property to complainant - Condition imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial - Condition set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - In such proceedings, personal appearance of accused should ordinarily not be insisted upon, if application is moved for a particular hearing, unless the trial court needs to either examine the under-trial or his statement is to be otherwise recorded for..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 409, 467, 468, 471, 120B -- Interim bail - On the medical grounds of wife of accused - Cheating - Wife of accused advised surgery for Pedicle Screw Fixation - Accused is a person with family ties and is not a flight risk - Nature of prosecution evidence is mostly documentary in nature,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Postponement of implementation of order granting bail for six months - No reasons assigned as to why implementation of order granting bail was postponed for six months - No such condition could be imposed for grant of bail to accused - If Court is satisfied on merits, it should grant bail or otherwise reject the same -..........
Criminal Procedure Code, 1973, Section 389(1) -- Sentence of fine - Can be suspended u/s 389(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Whenever a prayer is for suspension of sentence of fine, appellate Court must consider whether the sentence of fine can be suspended unconditionally or subject to conditions - However, Court has to keep in mind that if a condition of deposit of an amount..........
