Criminal Procedure Code, 1973, Section 438 -- Pre Arrest Bail - Economic Offences - Power u/S.438 CrPC being an extra-ordinary remedy, has to be exercised sparingly; more so, in cases of economic offences - Economic offences stand as different class as they affect the economic fabric of society - Grant of bail, particularly in economic offences would definitely hamper the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Anticipatory Bail - In a case of money-laundering where it involves many stages of "placement", "layering i.e. funds moved to other institutions to conceal origin"..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Materials on record show that minor was subjected to physical assault by petitioner resulting in grievous injury and hospitalization in the course of her employment as a domestic help in petitioner's household - Petitioner filed an affidavit stating that she is willing to deposit a sum of Rs.2 lakhs with..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420 -- Anticipatory bail - Criminal breach of trust - Cheating - Petitioner is 80 years of age - Age though is a relevant factor for consideration of his prayer for pre-arrest bail, but taking into account the fact that petitioner along with his son/co-accused committed criminal breach of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 355A -- Anticipatory bail - Offence u/ss 354, 355-A IPC - De facto complainant forwarded her letter by post to police authorities which in turn treated as First Information Statement - Till date complainant not even bothered to report before I.O to give her statement u/s 161 Cr.P.C - I.O..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Accused entered into agreement with complainant for purpose of selling of land - Agreement was later on cancelled by accused - Complainant demanded amount received by accused - Dispute between parties is purely civil in nature - Court, without expressing..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application cannot be rejected merely on the ground that petition u/s 482 Cr.P.C. for quashing of FIR has already been rejected - Dismissal of petition u/s 482 Cr.P.C. for quashing is not conclusive and cannot be the reason to reject application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Anticipatory bail - Recovery of 1 quintal 60 Kgs poppy husk - Recovery effected from co-accused - Co-accused specifically named petitioner as person who supplied contraband to him - No evidence on record to show that petitioner has no connection with..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - There is absolute bar provided u/s 18 and reiterated u/s 18-A of SC/ST Act against grant of pre-arrest bail - Application u/s 438 Cr.P.C. dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 380 -- Anticipatory bail - Offence u/ss 354, 354A, 380 IPC - From perusal of FIR, it becomes evident that informant has made specific allegations of outraging her modesty and sexual harassment by unwelcome physical advances, comments and explicit sexual overtures - There is specific..........
