Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted by High Court with condition to deposit Rs.10 lakhs by lst appellant and Rs.5 lakhs by second appellant - Condition is onerous - Order modified - Appellants to furnish self bond of Rs.50,000 each and one surety for the like sum...........
Criminal Procedure Code, 1973, Section 446 -- Cancellation of personal bond/surety bond and imposing of penalty - Accused regularly appearing - Accused ill on the date when case was fixed for pronouncement of order - Accused granted exemption from personal appearance - On the next date also accused applied for exemption from personal appearance and the same was granted -..........
Criminal Procedure Code, 1973, Section 446 -- Bail bond cancelled as accused failed to appear - Accused arrested in another case - Penalty of Rs.20,000/- imposed on surety - Penalty reduced to Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 116(3), 107, 108, 109, 110 -- Breach of peace - Proceedings initiated - Those proceedings are u/s 107 Cr.P.C. - Respondent cannot be directed to furnish interim bonds - Magistrate can direct a person to execute interim bond only in cases arising under Ss.108 to 110 Cr.P.C...........
Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction - Accused were on bail during trial - No immediate prospect of appeal being heard in near future - Sentence suspended till disposal of appeal on furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like amount...........
Criminal Procedure Code, 1973, Section 439, 437 -- Misappropriation - Grant of bail subject to deposit of Rs.2.50 lacs alleged to be misappropriated and to furnish surety bond for Rs.50,000/- - Direction to deposit Rs.2.50 lacs not warranted as part of condition for granting bail - Direction to deposit deleted...........
Criminal Procedure Code, 1973, Section 439 -- Bail bond - Cancelled for non appearance on date fixed - Reason assigned as to noting of wrong date - Regular bail allowed to accused...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Accused a boy of 15 years arrested on committing an offence u/ss 392 & 397 IPC - Though he was declared a juvenile by order of Sessions Court but he not sent to observation home and remained behind bar for about three years because of sheer negligence, indifference and inhuman behaviour of..........
Telephone -- Claim for refund - Producing of original receipts is not necessary after the death of the subscriber and the refund can be made after obtaining indemnity bond from the legal successor...........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 5 -- Revision - Miscarriage of justice - Leave to defend - Granted - Condition of furnishing Indemnity bond - Further imposition of condition of submitting Stamp Duty - In per se illegal - Cannot be allowed to stand as it has resulted in miscarriage of justice...........
