Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Magistrate has got absolute jurisdiction to entertain an application u/s 437 Cr.P.C in view of Ss.78 to 81 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Addition of new offences including serious offences when accused is on bail - Following procedure be adopted viz: (i) accused can surrender and apply for bail for newly added offences, in event of refusal of bail accused can directly be arrested; (ii) investigating agency can seek order from Court u/s 437(5) or..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Power of cancellation of bail has to be exercised with care and caution as it is power of extraordinary nature, as Courts have been empowered to cancel bail granted by it despite statutory bar u/s 362 Cr.P.C to alter or review its decision...........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Accused not violated any condition imposed upon him at the time of enlarging him on bail - Bail cancelled for no, deposit of amount as directed by High Court - Non-payment of amount directed to be deposited by accused in writ petition, cannot be considered as cancellation of bail by exercising power..........
Criminal Procedure Code, 1973, Section 437 -- Bail - While considering regular bail application of accused u/s 437 Cr.P.C, factum of rejection or acceptance of anticipatory bail application by itself is not germane - However, factors which weighted with Court while either rejecting or granting anticipatory bail to accused or such of them as are relevant post filing of..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Accused who is charge sheeted without arrest u/s 376 IPC or any other offence punishable with imprisonment for life or death may be released on bail u/s 437(1) Cr.P.C, provided there are no reasonable grounds for Court to believe that accused is guilty of offence punishable with imprisonment for life or death or accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 438 -- Contraband - S.37 NDPS Act only uses the expression `bail, therefore, restrictions u/s 37 of the Act apply to regular bail as well as to anticipatory bail...........
Criminal Procedure Code, 1973, Section 437, Prevention of Money Laundering Act, 2003, Section 45, Constitution of India, 1950, Article 14, 21 -- Bail - Offence under PML Act - Imposition of limitations on bail - Discretion vests with Court to enlarge bail or to refuse bail u/s 45 of the Act on basis of reasonable grounds for believing - Said limitation on bail is in..........
Criminal Procedure Code, 1973, Section 437, 438, 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - While considering the application for grant of bail u/ss 437, 438, 439 Cr.P.C., legislature purposely gave overriding effect of provisions of 2015 Act by clearly mentioning in S.12 of the said Act...........
Criminal Procedure Code, 1973, Section 437, 438, 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Approach while considering the applications u/ss 437, 438, 439 Cr.P.C. is as to why applicants should be granted bail - Whereas, in an application u/s 12 of 2015 Act, approach should be that as to why there should be refusal...........
