Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Ground of cancellation of bail and ground of rejection of bail are two different circumstances - At the time of hearing bail application, Court looks at the possibilities of violation of bail conditions and Court has to be more open and flexible - Whereas while hearing cancellation application, Court..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Primary considerations which weigh with Court are whether accused is likely to tamper with evidence or interfere or attempt to interfere with due course of justice or evade the due course of justice - There can be no arithmetical formula for fixing parameters in precise exactitude but the adjudication..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Order of bail can be cancelled on existence of cogent and overwhelming circumstances but not re-appreciation of evidence...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail cannot be cancelled on such circumstances which existed before grant of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Murder case - No incriminating evidence brought by petitioner which create an adverse opinion regarding conduct of respondent after grant of bail or that he threatened any witness or has tried to run away from justice - No cogent evidence on record which shows that respondent has instigated or promoted..........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - Ground of parity - Recovery of huge commercial quantity of ganja - First application of bail has been dismissed on merits - Ground of parity is not available to accused because of recovery of huge commercial quantity of ganja - Moreover, case of accused is different from co-accused - Bail rejected...........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d), 3, 21(4) -- Organised crime - Application for bail - Charge-sheet filed u/s.3 of the Act for accused`s involvement in 3 bomb blasts - As per material on record accused furnished certain materials to prime accused involved in earlier two blasts - Accused allegedly directly involved in 3rd bomb blast -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Presumption - Accused Sub Inspector of police allegedly demanded Rs.1000 from complainant in order to permit him to sign bail bond papers - Currency notes were recovered from hip pocket of accused - Immediate explanation offered by accused was that money was thrust into his pocket..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail u/ss 438 or 439 Cr.P.C. - Concurrent jurisdiction is invested in Sessions Court and in High Court - Normally a person/accused should exhaust his remedy before Sessions Court before making an application before High Court u/ss 438 or 439 Cr.P.C. - However, in exceptional circumstances accused can directly approach High..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail u/ss 438 or 439 Cr.P.C. - Jurisdiction - U/s 439 Cr.P.C., no option to choose forum is given to person/accused unlike u/s 438 Cr.P.C...........
