Criminal Procedure Code, 1973, Section 439 -- Bail - Once a Court comes to a conclusion that an accused is entitled to bail, Court cannot postpone the grant of bail, as it may amount to violation of fundamental rights guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Courts while granting bail are required to consider relevant factors such as nature of accusation, role ascribed to accused concerned, possibilities/chances of tampering with the evidence and/or witnesses, antecedents, flight risk et al...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Bail - Cheating - Financial irregularities committed by Society - Respondent was a close associate of Society with regular business - Investigation also indicates that out of the monies withdrawn from the Society's account by respondent investments were later made..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he is on bail in all other cases - Pendency of these criminal cases against accused cannot be construed as a ground sufficient by itself to deny..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused has suffered incarceration for about 3 months and 28 days - Total 18 PWs have been cited and culmination of trial will take its own time - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he..........
Criminal Procedure Code, 1973, Section 441 -- Surety bond - Petitioner involved in 13 cases in different States and he stands enlarged on bail in all the cases - However, inspite of obtaining bail in 13 cases, petitioner has not been able to furnish sureties - Petitioner will furnish his personal bond for Rs.50,000/- and furnish two sureties who shall execute bond for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition of furnishing FDR of Rs.15 lakhs - Accused was granted bail about three months ago and till date, accused is languishing behind the bars due to her inability to fulfill the condition imposed while granting bail - Imposing such onerous condition while granting bail defeats very purpose of granting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Bail - Rape of minor girl - Compromise - Looking to the nature and gravity of accusation, role attributed..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person who has committed an offence is not entitled to grant of discretionary jurisdiction of anticipatory bail unless it is shown that accused is falsely implicated or is entitled for protection of liberty...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
