Criminal Procedure Code, 1973, Section 437, 209 -- Bail - Granted by High Court - Appeal by complainant - High Court while considering bail application should not have recorded a definite conclusion about non possibility of the injuries having been sustained in the manner indicated by the prosecution - Complainant and independent eye witnesses threatened by accused - Bail..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Imposition of condition - Quashing of - Additional Sessions Judge has imposed the condition to deposit passport & Visa while granting bail to petitioner - Legality of - Held, according to S.10(3) of the Passports Act, 1967 only passport authority is empowered to impound passport - Court below has committed illegality and..........
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 409, 420, Prevention of Corruption Act, 1988, Section 13 -- Bail - Grant of - Prosecution has been able to establish that all accused persons including appellant were hand in glove as appellant and treasury officer got several bills passed which were not in accordance with provision of Bihar..........
Criminal Procedure Code, 1973, Section 437, 482 -- Bail cannot be granted in a petition for quashing of FIR - Respondents were absconding in a murder case as per charge sheet - Petition filed for quashing of FIR - High Court while disposing off petition u/s 482 Cr.P.C. released the respondents on bail - Held, that High Court has not considered the merits of the case -..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Rape - Girl under 16 years - Consent - Held, consent of a girl under 16 years of age for sexual intercourse is irrelevant as far as commission of offence of rape is concerned - Therefore, even if it is assumed at this stage that prosecutrix had consensual sexual intercourse with petitioner, but keeping in view age of..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Several persons from both sides received injuries and several persons are responsible for causing injuries to each other - If different persons are alleged to have caused injuries to the deceased then on the face of it, it cannot be said with certainty that it was Respondent No.4 who caused injuries to the deceased or..........
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 -..........
