Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - Neither the seriousness of alleged offence nor the age of juvenile are relevant for denying bail u/s.12 of JJ Act - Further, even the child aged 16 years or above who is alleged to have committed a heinous offence is also entitled to get bail u/s 12 of JJ Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - End of justice - If the keeping of child in custody is helpful in his development and rehabilitation or protection, only then it could be said the release of child would defeat the ends of justice...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Denial of bail - The ground of denials must be based on relevant facts and circumstances emerging from the material on record including Social Investigation Report...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Social Investigation Report - If there is a concrete material in Social Investigation Report to show that the juvenile may face backless of the society, if he is released on bail, then bail could be denied to him for his protection ...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 78, 221, 224, 351(2) -- Anticipatory bail - Stalking - Allegations in complaint do not show that petitioner had followed wife of informant and contacted her to foster personal interaction - Only allegation is that petitioner had taken photographs of victim - Prima facie, these..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 58 -- Bail - Illegal detention in police Custody beyond 24 hours violates the provision of Art.22(2) of Constitution r/w S.58 BNSS - Arrest of petitioners are violative of constitutional mandate - Bail granted...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Rape case - Reasoning of High Court falls far short of parameters required u/s 389 CrPC for enlargement of a convict punished for heinous offence, on bail after suspending the sentence - Finding that no sexual assault was found without considering overall nature of evidence of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482, 430 -- Bail and suspension of sentence - Direction issued that: To ensure that every person in judicial custody who has been granted bail or whose sentence has been suspended gets back their liberty without any delay, it is appropriate that whenever bail order or orders of suspension of sentence are not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Prolonged incarceration is certainly a ground to release accused on bail, but that is not the solitary ground - Court has to keep in mind various judicially sanctified parameters, including nature and gravity of alleged crime and material on record to support the same...........
