Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 406, 408, 420 -- Bail - Grant of - Applicant charge-sheeted u/ss 406, 408 and 420, IPC - Applicant is applying for adjournment and subsequently says now, 60 days are over from first date fixed for taking evidence and he must be enlarged on bail u/s 437(6) of Code of Criminal Procedure - Held,..........
Criminal Procedure Code, 1973, Section 437 -- Fresh bail application - Bail obtained at stage of investigation u/ss 420, 504, 506 IPC - Subsequently summoning order issued u/ss 307/34, 420, 504, 506 IPC - Without surrender prayer for bail in the newly added section cannot be considered...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 389, 437, 439 -- Offence u/s 498-A IPC and Ss.3, 4 Dowry Prohibition Act - Accused convicted and sentenced to two years RI u/s 498-A IPC and six months imprisonment u/s 3/4 Dowry Prohibition Act - Bail granted during pendency of appeal without expressing..........
Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 379, 420, 467, 468, 471 -- Offence u/ss 379, 420, 467, 468 and 471 - Trial commenced - Charge framed - One of the PW examined - All the offences are triable by Magistrate - Applicant has remained in custody for more than the prescribed period - There was no criminal history of the applicant -..........
Criminal Procedure Code, 1973, Section 437, 439, Indian Penal Code, 1860, Section 120(B), 121, 121(A), 122, 123, Arms Act, 1959, Section 25(1)(b), 25(1)(c), 27, 29 -- Bail - Offence u/ss.120(B), 121, 121(A), 122 & 123 IPC & Ss.25(1)(b), 25(1)(c), 27 & 29 of Arms Act - Bail application in an offence which involves the security of the State should be rejected - Application..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Cancellation of - Held, bail can also be cancelled on ground that order granting bail is casual in approach, capricious and arbitrary in nature and cavalier in reasoning, it sans reasons, it is perverse, it ignores evidence which is available on record or court failed to apply appropriate law while granting bail...........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Cancellation of - Accused remained in jail for almost about 14 to 15 months - Accused did not misuse liberty extended in their favour - Nor there is any allegations from side of complainant or prosecution that liberty was misused or abused - Held, there would be no good reason to cancel bail - If in a case triable by..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Non bailable offence - Normally, in the non-bailable offences bail can be granted if the facts and circumstances so demand - In granting bail in non-bailable offence, the primary consideration is the gravity and the nature of the offence...........
Criminal Procedure Code, 1973, Section 437 -- Bail - At the stage of granting of bail, Court can only go into question of prima facie case established for granting bail - It cannot go into the question of credibility and reliability of the witnesses put up by the prosecution - The question of credibility and reliability of prosecution witnesses can only be tested during..........
Criminal Procedure Code, 1973, Section 437(6) -- Under trial prisoner - Detention beyond prescribed period - Held, if any prisoner is detained in any of the prisons in the State for more than the period stated in S.437(6) of the Code, without any reasoned order in writing for continued detention, such detention is unauthorized and illegal - Such prisoner deserves immediate..........
