Criminal Procedure Code, 1973, Section 437, 439, 441 -- Bail bonds - Refusal to ascertain the amount of bail bond by trial Court - Once accused is released by High Court and there is no mention about bail amount, it is incumbent on trial Court to fix amount for bail bonds...........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Show cause notice was issued u/s 46 Cr.P.C - However, no sufficient opportunity was given to accused to exhaust benefit u/s 446(3) Cr.P.C - Benefit or its entitlement under said provision was not either taken up or addressed - Order forfeiting bail bond of accused is bad in law and liable to be set..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - It is not within jurisdiction of trial Court either to reduce or to give up or to alter penalty, which would be legal consequence of forfeiture of bail bond except u/s 446(3) Cr.P.C for which reasons must be recorded...........
Criminal Procedure Code, 1973, Section 438(2) -- Anticipatory bail - Granted subject to deposit of Rs.41 lakhs in Court and upon furnishing personal bond in the sum of Rs.Fifty thousand - Dispute pertains to agreement to sell and amount of Rs.41 lakhs is alleged to be paid to accused - By imposing condition of deposit of 41 lakhs in an application for pre-arrest bail, High..........
Criminal Procedure Code, 1973, Section 439, 445 -- Bail - Cash deposit in lieu of sureties - Accused unable to arrange sureties as he is a foreigner - Accused offered to deposit cash in lieu of surety bond - Accused permitted to deposit cash amount to the satisfaction of Court concerned in lieu of executing surety bonds...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 34 -- Bail - Marriage performed with one `G' by executing marriage agreement and attested by Notary - Applicant signed the marriage agreement as a witness - After 5/6 days said `G' fled away from his house with all her belongings - Applicant is in custody since 16.09.2020 - Without..........
Criminal Procedure Code, 1973, Section 437, 482, Indian Penal Code, 1860, Section 420, 34 -- Bail - Condition of furnishing bank guarantee of Rs.2 lakh - Cheating - Accused is a small agriculturist, yet stringent and onerous condition of furnishing bank guarantee of Rs.2 lakh was imposed by Magistrate though has partly been modified by revisional Court from Rs.2 lakh to 1..........
Criminal Procedure Code, 1973, Section 439 -- Interim bail - During pendency of Writ petitions - Bail held, granted to accused persons subject to each of them executing personal bond in the amount of Rs.50,000 to be executed before jail Superintendent - Accused however, directed to co-operate in investigation and shall not make any attempt to interfere with ongoing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 409, 465, 466, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) -- Bail - Cheating - Misappropriation of scholarship funds on large scale - 22 educational institutes are involved in one FIR - CBI has already conducted searches at 22 private educational..........
Constitution of India, 1950, Article 226 -- Habeas corpus - Petitioner involved in 40 cases and is granted bail in 39 cases - He cannot be detained unendingly merely because State was unable to execute production warrants issued by concerned Court at Agra, directing his presence, particularly when said concerned Court is not functioning due to COVID-19 pandemic situation -..........
