Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - When a woman applies for bail, twin conditions in S.45(1)(ii) of the Act need not be satisfied...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - Charge already framed - However, there are 67 witnesses and recording of evidence is yet to commence - There are no antecedents of appellant brought on record - As rigours of S.45(1)(ii) of the Act will not apply, Special Court ought to have treated application as one u/s 439 Cr.P.C or S.483 BNSS - As..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Cannot be denied where petitioner has bona fide intentions and is willing to join investigation and cooperate for furtherance of same so that final report can be submitted by Investigating Agency within the stipulated time period...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 65(2), 351(2), 332(c), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Victim specifically stated in her statements recorded u/ss 180, 183 BNSS that applicant had forcibly took her to another room, bolted the room and committed misdeed with her..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C is maintainable at any stage of trial even prior to seeking bail and same will also apply at the stage of S.251 Cr.P.C - Even at the time of first appearance before trial Court, application u/s 205 Cr.P.C can be allowed in appropriate case for exemption from..........
Criminal Procedure Code, 1973, Section 46(4), 60A -- Arrest of a woman after sunset - Prior permission of Magistrate was not obtained by investigating agency - Petitioner/woman was granted bail in the earlier offences - It was not acceptable that investigating agency was unaware about whereabouts of petitioner - It was very much possible for investigating agency to have..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Appellant joined investigation - Custodial interrogation of appellant is not required any more - Anticipatory bail application allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Murder - Petitioners are additional accused who have been summoned u/s 358 BNSS - They are not required for the purpose of investigation and they intend to surrender and join the proceedings before trial Court - Petitioners do not intend to defy law and ready to face trial and their plea for..........
Juvenile Justice (Care and Protection of Children) Act, 2015 -- Bail - Juvenile in conflict with law - Having a case in the past per se does not fall u/s 12 Proviso of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015 -- Bail - Juvenile in conflict with law - Murder case - Appellant is a poor person - He and his father both are labourers - Case of appellant does not fall in S.12 Proviso of the Act - Best interest of appellant would be served if he is given to custody of his father - Bail granted...........
