Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Mere allegations unsupported by substantive proof, cannot form the basis for cancellation of bail, as power to cancel bail must be exercised sparingly and only in cases of clear misuse or violation of conditions imposed at the time of grant of bail...........
Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Petitioner has failed to produce any cogent material to demonstrate that respondents have acted in contravention of conditions imposed while granting anticipatory bail - Reply filed by State categorically negates the allegations of breach of undertaking or any misconduct on the part..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Appellant is in custody since 2022 - Trial of case is likely to take a long time - Without expressing any opinion on merits of the case, bail granted...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Registration of second crime ipso facto need not result in cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - While considering a plea for cancellation of bail on the ground that accused violated bail condition by involving in another crime, his involvement in other crimes on prior occasions may not be a criterion...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Not limited to supervening events or events which take place after grant of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - An order which is tarnished by patent illegality or perversity and which does not assign reasons for the order can definitely be set aside in proceedings u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - An order granting bail based on irrelevant material or an order which does not take into consideration relevant material can also be cancelled in exercise of powers u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 506, 120B -- Cancellation of bail - Cheating - Opposite party No.2/accused has been absconding and is not cooperating with investigation - Court below while granting bail to accused has totally ignored FSL report regarding fake, forged and fabricated agreement - Charges..........
