Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant - Allegation of Dowry demand and Cruelty - Matter was also referred to mediation Centre for amicable settlement but petitioner miserable failed to settle dispute nor resumed cohabitation despite adequate opportunities - On this ground also petitioner not entitled..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order granting bail - Sought on the ground that accused threatened certain persons with dire consequences and they made complaints to I.O. - No material produced before Court to substantiate this fact - Nothing in report of I.O. that accused will tamper with evidence or would flee from justice or will..........
Criminal Procedure Code, 1973, Section 439 -- Second Bail application - Ground of parity - While granting bail to co-accused it was clarified that said bail order shall not be considered for purpose of parity by other accused - However, specific direction has also been issued to Court below to decide the case expeditiously - Trial not yet concluded inspite of specific..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 149 -- Bail during pendency of appeal - Double murder - Post mortem that multiple grievous were inflicted on both the accused - Appellants used their respective deadly weapons wielded in a deadly manner - Plea of appellants that co-accused is already granted bail rejected as case of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 511, 354 -- Rape by father - Bail - Alleged sexual crime committed by father against his own daughter is apparently a scandalous blasphemy, not to speak of culpability of offence or degree and enormity of crime which accused has been charged for - Victim girl even complained that her mother..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Error committed by Advocate in drafting bail application and misleading Court - Matter should be referred to Bar Council for taking action against such Advocate - It is not a ground to cancel bail - Application for cancellation of bail stand rejected...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Bail - Smuggling of heroin - Challan has not been presented even after extension of time - Petitioners are involved in number of cases - Held, pendency of number of cases against petitioner is not sufficient ground to defeat indefeasible right of..........
Criminal Procedure Code, 1973, Section 389(3), Indian Penal Code, 1860, Section 201 -- Execution of sentence - Suspension pending appeal - Accused all along was on bail during trial stage - No attempts made on part of prosecution to get bail of accused cancelled on any ground during trial stage - Order granting bail to accused during trial also not challenged - No special..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Murder case - Petitioner sitting MP - Contention that incarceration of petitioner would prevent him from performing his duties in Parliament and in his constituency - Held, petitioner is a suspect/accused in offence of murder - No special treatment can be given to petitioner simply on ground that he is sitting MP -..........
Criminal Procedure Code, 1973, Section 439 -- Bail application of accused applicants cannot be rejected merely on the ground that they have criminal history...........
