Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Juvenile - Application u/s 438 Cr.P.C filed by a child in conflict with law for grant of anticipatory bail is maintainable...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time for completion of investigation or extension of remand - Notice and opportunity of hearing not given to accused - Constitutional right of accused to have fair opportunity to defend was taken away - Legality or otherwise of order of extension of period would also be taken note of while..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Pendency of another criminal case and seriousness of the allegation cannot be a ground to not complete the investigation within the statutory time and violating the fundamental right of the accused nor it would be a ground to not give notice of the prayer for extension of time to the accused...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused exercised his right of indefeasible bail, it should have been decided forthwith whether investigation was complete or not and whether accused was entitled to bail or not...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cannot be granted merely on the ground that custodial interrogation is not required or necessitated...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Suspension of sentence during pendency of appeal - Contraband - Prosecution admitted that neither accused was found present at the crime scene nor any incriminating material or contraband was recovered from his possession - He has been made accused on the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence subject to depositing an amount of Rs.75,000 - Accused failed to deposit amount of Rs.75,000 despite repeated opportunities - Time to deposit said amount was extended two times - Accused has apprehension of being arrested on account of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Granted with conditions : (i) Deposit of fine amount of Rs.One lakh; (ii) Surety of one lakh; (iii) Two bail bonds of Rs.Fifty thousand each - Bail granted with excessive conditions amount to refusal to grant bail - Bail order modified - Bail to continue but conditions for..........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - A person against whom a warrant is issued and is absconding or concealing himself in order to avoid execution of warrants and proceedings u/s 82 Cr.P.C. initiated against him, is not entitled to relief of anticipatory bail...........
