Criminal Procedure Code, 1973, Section 438(2) -- Anticipatory bail - Granted subject to deposit of Rs.41 lakhs in Court and upon furnishing personal bond in the sum of Rs.Fifty thousand - Dispute pertains to agreement to sell and amount of Rs.41 lakhs is alleged to be paid to accused - By imposing condition of deposit of 41 lakhs in an application for pre-arrest bail, High..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Factors for grant of pre-arrest bail are the nature of accusation and severity of punishment in the case of conviction and nature of materials relied upon by prosecution, reasonable apprehension of tampering with witnesses or apprehension of threat to complainant or witnesses, reasonable possibility of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 382, 34 -- Bail - Offence u/ss 384, 34 IPC - Accused at one point of time granted bail but did not appear before Court, as he was informed that he is acquitted in the case - He was declared Proclaimed Offender - Accused since then in judicial custody from Nov 2020 - He volunteered to pay costs of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 325, 326, 148, 149 -- Anticipatory bail - Grievous hurt - Petitioner joined investigation and no further interrogation is required at this stage - Interim bail granted to accused is thus, made absolute...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Bail - Cheating - Mere recovery of amount in question from accused, cannot be a ground for denial of bail to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Bail - Allegation in FIR pertaining to duping of complainant of Rs.4 lacs in order to send son of complainant abroad - Mere recovery of amount in question from accused, cannot be a ground for denial of bail to accused - Moreover, it is not the case of State that in case accused is granted..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering bail application, High Court not to pass directions which will have direct bearing upon trial...........
Criminal Procedure Code, 1973, Section 482 -- Summoning order passed without application of mind on a printed format - Summoning order set aside...........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Investigation by Central Crime Branch (CCB) - CCB not declared as police station by State - Admittedly, final report filed by CCB which is an investigating agency is not in contemplation with provision of S.173(2) Cr.P.C - Trial Court ought not to have taken cognizance on report submitted by CCB - Order taking..........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - When final report is filed without there being any authority, it is not a final report u/s 173(2) Cr.P.C and Court cannot take cognizance u/s 190(1) Cr.P.C...........
