Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Illegal gratification - Non-cooperation in investigation must be interpreted with precision and cannot be equated with the failure of accused to disclose information about his alleged accomplices or for facilitating the recovery of bribe money...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Word `Co-operation' involves joining investigation, providing truthful and relevant information, and assisting in uncovering facts within the knowledge of accused, but it does not extend to compelling self incrimination, extracting confessions, or using coercion...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Insisting on custodial interrogation solely for self incriminatory purposes is unconstitutional and sets a dangerous precedent...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Merely because petitioner had not provided information qua the involvement and role played by co-accused and had failed to get the bribe money recovered cannot be a ground to decline his prayer for anticipatory bail and order his custodial interrogation - Anticipatory bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Foreigners Act, 1946, Section 3 -- Bail to foreigner - Impleadment of Foreign Registration Officer - Authorities under Foreigners Act and the Order have no locus to oppose bail application filed by a foreigner unless bail is sought where allegation is of the offence punishable u/s 14 of Foreigners Act - Impleadment of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Foreigners Act, 1946, Section 3 -- Bail to foreigner - Direction issued that: (i) While granting bail to a foreigner within the meaning of Foreigners Act, concerned Court shall issue direction to State or prosecuting agency, as the case may be, to immediately communicate the order granting bail to concerned..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - When application for bail is filed, Court is required to impose such bail conditions which would ensure that accused does not flee from justice and is available to face Trial - Imposing conditions which are irrelevant for exercise of power u/s 438 Cr.P.C. would not therefore be warranted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Imposition of condition by High Court directing appellant to pay Rs.4000 pm as maintenance to informant was not merited - Same is accordingly set aside and quashed - However, appellant is bound to remain available and face trial as required by law...........
Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4) -- Bail - When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, power to grant bail should necessarily be subject to satisfaction of conditions mentioned..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appreciation of materials on record for the purpose of forming a definite opinion with respect to question as to whether an accused person had played roles or not, in the crime concerned, is not permissible while considering an application for grant of bail...........
