Criminal Procedure Code, 1973, Section 439 -- Bail - Successive application before same bench - Held, successive bail application before the same Bench is permissible where there being a change in the fact situation...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 328, 344, 120B -- Bail - Offence u/ss 364-A, 328, 344 & 120-B IPC - Third bail application - Co-accused enlarged on bail - Lady accused suffering from fracture and heart ailment - Bail allowed to lady accused - Bail of other accused refused...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Order of anticipatory bail should be of limited duration only and ordinarily on the expiry of that duration or extended duration the Court granting anticipatory bail should leave it to the regular Court to deal with the matter on an appreciation of evidence placed before it after the investigation has made..........
Criminal Procedure Code, 1973, Section 438 -- Interim bail - High Court granted bail till disposal of bail application by Court of Sessions - Order of High Court contrary to decision of Supreme Court in 2005(2) Apex Court Judgments 185 (S.C.) : 2005(2) Criminal Court Cases 01 (S.C.)...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 389, 437, 439 -- Offence u/s 498-A IPC and Ss.3, 4 Dowry Prohibition Act - Accused convicted and sentenced to two years RI u/s 498-A IPC and six months imprisonment u/s 3/4 Dowry Prohibition Act - Bail granted during pendency of appeal without expressing..........
Criminal Procedure Code, 1973, Section 210, 482 -- Police case and complaint case of the same occurrence - Magistrate to try both the complaint case and case instituted on a police report as if both the cases were instituted on a police report - Accused to seek bail of newly added offence in the complaint case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Offence u/ss 498-A & 304-B IPC and Ss.3, 4 Dowry Prohibition Act - Demand of dowry - 80% burn injuries - Applicant and other family members not made any efforts to save the life of the deceased by taking her to the hospital whereas..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 395, 120B -- Bail - Offence u/ss 302, 395 & 120-B IPC - Bail declined - However granted after 20 days - High Court cancelled bail as there was no change of circumstances - Trial pending for long - Sessions Judge directed to complete trial within 3 months - If trial is delayed beyond 3 months..........
Criminal Procedure Code, 1973, Section 439 -- Bail - To furnish two local sureties - Demand of local sureties is violative of Art.14 of the Constitution - Order set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379, 411 -- Bail - Order as to furnish two local sureties of Rs.35, 000/- each - Held, amount of bail bond is on higher side - Order set aside - Magistrate to rectify the order accordingly...........
