Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Repetition of prayer for anticipatory bail after rejection by a Bench of co-ordinate jurisdiction after invoking power of review of decision of earlier Division Bench of co-ordinate jurisdiction may lead to a judicial anarchy...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Charge sheet has been submitted against petitioner - All these aspects were subject matter of earlier anticipatory bail applications - There is no fresh ground to entertain present anticipatory bail application - Anticipatory bail application rejected...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - While scheme Cr.P.C. (now BNSS) provides concurrent jurisdiction to High Court and Sessions Court for entertaining applications for anticipatory bail - However, High Court should always encourage exhausting an alternative/concurrent remedy before directly..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Murder in broad daylight with the aid of hired assassins on contract - History of tense relations between parties - In view of serious nature of allegations against accused/respondents and gravity of offences alleged, High Court was not justified in passing..........
Criminal Procedure Code, 1973, Section 438 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - High Court granted anticipatory bail to respondent No.2 on the ground of parity with accused `V' - There is no question of parity between accused `V' and respondent No.2 as former was granted regular bail, unlike anticipatory bail as granted to respondent..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Single Judge after having passed an order dismissing the prayer for anticipatory bail, could not have revived proceedings much less by way of restoration...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Application for anticipatory bail is maintainable in High Court and party is at liberty to choose forum...........
Bharatiya Nyaya Sanhita, 2023, Section 64, 74, 75, 79, 354(2), 3(5), Information Technology Act, 2000, Section 67A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss. 64, 74, 75, 79, 354(2), 3(5) BNS and S.67A IT Act - Anticipatory Bail - Where owner of establishment itself is alleged to have committed serious offence including rape and there are..........
Bharatiya Nyaya Sanhita, 2023, Section 64, 74, 75, 79, 354(2), 3(5), Information Technology Act, 2000, Section 67A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss. 64, 74, 75, 79, 354(2), 3(5) BNS and S.67A IT Act - Anticipatory Bail - No specific allegations of sexual or abuse made against petitioners 2 to 4 apart from threats to implicate..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Concurrent jurisdiction is conferred upon Sessions Court and High Court to entertain prayer for pre-arrest bail - However, hierarchy of Courts demands that no person seeking such remedy should be encouraged or allowed to directly approach High Court for exercising jurisdiction u/s 482 BNSS..........
