Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Criminal Procedure Code, 1973, Section 438(4), Indian Penal Code, 1860, Section 376(2)(f), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4(2), 9(1)(n), 10 -- Anticipatory bail - Maintainability - Rape - Allegations constituting the offence u/s 376(3) IPC can be found in the form of various statements made by victim before Magistrate -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim bail granted at the time of admission of anticipatory bail - Petitioner surrendered in view of interim order and after his arrest, he was released on interim bail - Dismissal of anticipatory bail application as not pressed - Order of interim bail and bond executed thereof stand effaced - Police is..........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Bail application qua certain provisions of the offence under IPC - Anticipatory bail application qua offence under other provisions of IPC - This is misuse of process of Court - Accused should apply for bail under all sections and accused cannot be permitted to apply for bail in part, that too firstly getting..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cannot be rejected on the ground that charge-sheet has been filed and cognizance has been taken by Court...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Even if charge-sheet is filed and cognizance is taken by Court against accused, who has got an immunity from being arrested during the course of investigation either by way of order of a competent court protecting him by grant of anticipatory bail or by service of notice u/s 41-A Cr.P.C. by I.O, anticipatory..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclamation u/s 82 Cr.P.C. issued after filing of anticipatory bail application - Bar to entertain anticipatory bail application of a proclaimed offender is not attracted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 354, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Demand of dowry - Charge-sheet has been filed in the matter - Accused have been cooperative during the course of investigation - I.O did not find any ground to arrest them during the course of..........
Criminal Procedure Code, 1973, Section 167 -- Police remand of an accused who is on anticipatory bail - While granting anticipatory bail Court passed the order "Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand and that this would be sufficient to treat the accused in the judicial custody for the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 365 -- Anticipatory bail - Offence u/s 365 IPC - Accused has joined investigation - No custodial interrogation is required - Interim bail granted to accused is made absolute subject to conditions envisaged u/s 438(2) Cr.P.C - Anticipatory bail granted...........
