Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 325, 354, 506, 34, 120B -- Anticipatory bail - Offence u/ss 325, 354, 506, 34, 120-B IPC - Big quarrel between accused's group and rival group - Accused admittedly is a social worker and other accused are working in police department and they will never intervene in investigation of case or..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 294, Information Technology Act, 2000, Section 66(E), 67, 67(A) -- Anticipatory bail - Offence u/ss 120-B, 294 IPC and Ss.66(E), 67, 67(A) IT Act - Perusal of FIR shows that it would be a matter of trial whether offence u/s 67(A) of IT Act is made out or not, as all other offences are..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Bailable offence - Plea of anticipatory bail which is only in respect of no, bailable offences, is redundant and cannot be pressed into service in respect of bailable offences - Proper remedy for petitioners is to move competent Court concerned for bail as per S.436 Cr.P.C., which is for bailable offences...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326 -- Anticipatory bail - Offence u/s 326 IPC - Victim suffered fracture on left hand as a result of beating using a firewood piece - Offence would come within ambit of grievous hurt as per S.320 IPC which is punishable u/s 325 IPC and not serious non-bailable offence u/s 326 IPC - More so,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Whenever a person approaches High Court or Court of Session for issuance of a direction u/s 438 Cr.P.C., then it is incumbent for him to establish the first and foremost condition of apprehension or likelihood of his arrest on the accusation of having committed a no, bailable offence - Once such a..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Anticipatory bail - Offence u/ss 22, 61, 85 NDPS Act - Petitioner filed application u/s 439 Cr.P.C. for grant of regular bail and concession of interim regular bail was extended on specific ground that FSL report was awaited - Upon filing of FSL report by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 166, 174A, 218, 221, 120B -- Anticipatory bail - Offence u/ss 166, 174-A, 218, 221, 120-B IPC - Allegation against petitioner `N' to the effect that he helped petitioner `P' to get bail from Court and had not insisted on seeking any police or judicial remand - Offences u/ss 166, 218, 221, 120-B..........
Criminal Procedure Code, 1973, Section 438(3) -- Anticipatory bail - Magistrate taking cognizance of offence should not issue no, bailable warrant in first instance against accused, who had been granted relief u/s 438 Cr.P.C., even if Magistrate decides to issue warrant at the first instance...........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Since petitioner did not appear thereafter offence u/s 174-A IPC was registered against him - Issuance on no, bailable warrants - Anticipatory bail - Looking to nature of prosecution against petitioner u/s 138 of NI Act,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Arrest warrant issued against accused for no, bailable offence - Apprehension of arrest cannot be ruled out - Application u/s 438 Cr.P.C, is maintainable before Court of Session or High Court...........
