Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Conditions specified in S.82(2) Cr.P.C for publication of a proclamation against an absconder are mandatory - Any non-compliance therewith cannot be cured as an irregularity and renders the proclamation as nullity...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Provisions of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Petitioner has shown sufficient cause for her absence from the Court - Moreover, provision of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person - Anticipatory bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 439 -- Bail - When a Court concludes that accused is entitled to be enlarged on bail pending trial, granting bail only for a limited duration is illegal...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - When default bail is granted, there cannot be any stringent conditions...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory right of default bail cannot be circumvented by imposing onerous conditions - Arbitrary condition imposed while granting statutory bail amount to infringement of fundamental right of detenue u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court should not have examined and recorded conclusion on the disputed facts to quash FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While exercising power u/s 482 Cr.P.C, High Court was legally bound to see if allegations/accusations constitute any offence or not...........
Criminal Procedure Code, 1973, Section 441A -- Bail Bonds - Sureties - No bar for accepting a person as surety even if he has stood surety in some other case/cases - Only pre-condition for accepting surety is that they should be fit or competent, solvent and reliable...........
Criminal Procedure Code, 1973, Section 441A -- Bail Bonds - Sureties - Bail granted in four cases - Where accused is facing number of criminal cases, he may move an application before Court concerned disclosing difficulties faced by him, if any and to permit him to furnish same set of sureties in a particular case...........
