Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Anticipatory bail granted subject to surrender of applicant before trial court on date of filing of challan and to move for regular bail - Held, condition so imposed while granting anticipatory bail, deserve to be deleted...........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of anticipatory bail - Anticipatory bail granted during investigation - Investigating officer found that applicant had committed more serious or graver offence - Held, prosecution will be at liberty to apply concerned Court for cancellation of bail and in such cases, Court can impose such further conditions as..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted and sentenced in a criminal case - Appeal against conviction - High Court suspended sentence and granted bail without recording any reason - Order of suspension of sentence set aside - Held, (1) High Court has jurisdiction to permit any intervener opposing the..........
Criminal Procedure Code, 1973, Section 437, 439 -- Grant of bail - Court is not to examine prosecution evidence thread bare and more so defence of accused to come to conclusion whether material is sufficient to prove guilt to accused beyond reasonable doubt - Court formed opinion that material not sufficient to frame charge, and thus granted bail holding that evidence may..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Juvenile - Bail to a juvenile has to be granted irrespective of nature or gravity of the offence alleged to have been committed by him - Bail to a juvenile can be denied only in the case where there appear reasonable grounds for believing that release is likely to bring him into association..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Parity - Question of parity does not arise where bail granted to co-accused is not supported by any reasons or order was passed in flagrant violation of settled principles or has not taken into consideration relevant materials...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 506 -- Bail - Offence u/ss 302, 307 & 506 IPC - Main role of firing on deceased alleged to be against co-accused - No role attributed to present applicant - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Release on bail - Allegations that 125 packets of hashish recovered from car of accused - Sessions Judge granted bail to accused u/s 167(2) of Criminal Procedure Code - Charge sheet filed by investigating agency on the date when bail application was made - Held, once charge sheet is filed, Magistrate is not supposed to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Applicants seeking extension of duration of anticipatory bail - Accused persons/applicants, senior office-bearers involved in fake encounter case - Applicants also involved in destruction of evidence and hampering CBI investigation - Considering gravity of offence and punishment involved - Fresh or extended..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 120B -- Bail during pendency of appeal - Accused convicted for entering into criminal conspiracy with co-accused and thereby getting two residential plots allotted in his favour - Bail allowed to co-accused - Feeble nature of testimonies of witnesses - No criminal history of appelant - Bail..........
