Criminal Procedure Code, 1973, Section 439 -- Bail - Not to be withheld as a punishment...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Normal rule is to grant bail and not jail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to the accused involved in that crime...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Object of bail is to secure attendance of accused in the trial and should be granted or refused and proper test to be applied is whether it is probable that party will appear to take his trial...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354, 511, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 12, Information Technology Act, 2000, Section 66(E) -- Bail - Rape case - Incident occurred in 2018, but there is no plausible explanation as to why prosecutrix kept mum for almost 2 years before lodging FIR..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Two spells of custody - One spell when police was investigating - Second spell when CBI was investigating - Two spells of custody to be clubbed together for the purpose of claiming `compulsive bail' u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - If the order granting bail is vitiated by arbitrary and wrong exercise of discretion by Court, the same can be set at naught by High Court u/s 439(2) of the Code...........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 9(f), 9(k), 9(m), 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Cancellation of bail - Outraging modesty of minor girl by her teacher - Victim aged about 11 years is an intellectual..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Cheating - Civil dispute between parties - Charge sheet has already been filed and there is no requirement of applicants for investigation - Accused has no criminal history - Bail granted...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Abetment of suicide - Neither there is any allegation of demand of dowry nor any motive for abetment or instigation so as to drive deceased to commit suicide - Investigation is going on unhampered - Accused is in judicial custody since April 2020 - He has no criminal history -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order passed in bail is not a final judgment in trial...........
