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...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Setting aside order - Murder - Specific averments in FIR against all accused persons including respondents that all of them had set deceased on fire with an intention to kill him - High Court has erred in granting relief in a cryptic and mechanical manner without..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Stunts on public road - Death of Biker - Petitioner and his accomplice were driving a tractor on a public road at a dangerously high speed, and it is clear that they were doing motor sports - There is no reason to believe they would be unaware of consequences of motor sport with a modified vehicle..........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483 -- Bail - Constitutional Courts can lay down the principles governing the grant of bail or anticipatory bail - However, Constitutional Courts cannot interfere with the discretion of Trial Courts by laying down the form in which an order should be passed while deciding bail..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Court can grant bail only on the grounds of long incarceration - However, presence of antecedents may not be relevant in such a case...........
Adverse remarks -- Expunging of - High Court while granting bail made adverse observations against appellant a District and Sessions Judge, as appellant while dismissing bail application of accused did not incorporate details of antecedents of accused in prescribed tabular form as per directions of Para 9 of Jugal Kishore case - However, decision of said case cannot be..........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Presence of informant or any person authorised by him or her is obligatory at the time of hearing of application for bail in an offence u/s 376(3), 376AB or S.376DA or S.376DB of IPC...........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money Laundering - Appellants are in custody for about one year and one month - Charge has not been framed - 29 witnesses have been cited and about 50 documents are relied upon which run into 4000 pages approximately - Trial is not likely to commence as even charges..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Modification of sentence - Incident is of the year 2013 - Eleven years have elapsed since incident occurred - Appellant is on bail throughout - He has deposited Rs.1 lakh to be payable to mother of deceased who is the sole legal heir - Conviction upheld - However, sentence of 3 months S.I. and also..........
