Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal against conviction - Direction to deposit 20% of compensation amount - Accused does not have any source of income, as her financial condition is very weak - Husband of accused died, who was sole earning member of family - Accused..........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - Non-bailable warrants issued against accused - Anticipatory bail application of accused rejected - Same relief which was claimed by accused in his anticipatory bail application, has again been prayed in present application u/s 482 Cr.P.C - No ground for indulgence to be granted to accused - Application u/s 482..........
Criminal Procedure Code, 1973, Section 437(4) -- Bail - If Magistrate chooses to enlarge an accused who is guilty of an offence punishable with death or imprisonment for life, he shall state reasons for arriving at conclusion that there are no reasonable grounds for believing that accused has been guilty of offence punishable...........
Criminal Procedure Code, 1973, Section 437(4), Indian Penal Code, 1860, Section 304B, 498A, 306 -- Bail - Dowry death - Cruelty - Magistrate granted bail to accused - However, order does not give reasons sufficient to hold that there are no reasonable grounds for believing that accused have been guilty of offences - Magistrate thus, acted without jurisdiction in granting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 34 -- Bail - Abetment of suicide - Petitioner is in custody since 17.1.2020 - He is not involved in any other case and is no more required for further investigation - More so, there is no direct allegation against petitioner of extending any threat, as he himself is a victim and was under..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Changed circumstances - If trial Court in order to ascertain as to under what penal section charges should be framed against applicant, has made certain observations with regard to conduct of I.O of case, same could not provide any new ground to applicant for purpose of releasing him on bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d) -- Third bail application - Illegal gratification - There is no change of circumstances, since rejection of second bail application of accused, except period of detention - Keeping in view the fact that bribe money of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application directly to High Court - Application for anticipatory bail to High Court direct is maintainable only when there are special circumstances - There can be no exhaustive or general exposition of circumstances in which an applicant may be held entitled to approach High Court directly - Special..........
Criminal Procedure Code, 1973, Section 439, 436A, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PML Act - Accused is responsible for acts and affairs of company as chairman of Company who planned and designed illegal schemes to mobilize deposits from innocent investors including deposits under scheme of issue of debenture with false..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PMLA - Accused being debenture trustees of company was responsible for acts and affairs of company - He planned and designed illegal schemes to mobilize deposits from innocent investors including deposits under scheme of issue of debenture with false..........
