Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 13, 13(1)(d), 13(2) -- Anticipatory bail - Illegal gratification - Strong prima facie evidence on record to show that applicant being an IPS officer demanded bribe from complainant and accepted the same firstly directly from complainant and then through A-2 - Conversation between..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence punishable u/ss 323, 341, 506, 34 - Settlement of dispute - Investigating Officer submits that petitioners joined investigation, as and when called upon - Since parties settled their dispute and petitioners complied with orders granting interim protection - Anticipatory bail, granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438, 439 -- Contraband - Commercial quantity - Bail or anticipatory bail cannot be granted without reference to S.37 NDPS Act and without entering a finding on the required level of satisfaction in case Court otherwise is inclined to grant bail - In the absence of such..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Protection u/s 438 Cr.P.C. is available to accused only till Court summons the accused based on charge sheet (report u/s 173(2) Cr.P.C.) - On such appearance accused has to seek regular bail u/s 439 Cr.P.C. and that application has to be considered by Court on its own merits...........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory bail and regular bail - Merely because an accused was under protection of anticipatory bail granted u/s 438 Cr.P.C., that does not mean that he is automatically entitled to regular bail u/s 439 Cr.P.C. - Satisfaction of Court for granting protection u/s 438 Cr.P.C., is different from one u/s 439 Cr.P.C. while..........
Criminal Procedure Code, 1973, Section 438, 188, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Offence committed outside India - Cheating - No previous sanction of Central Government was taken u/s 188 Cr.P.C. - Except investigation by police, inquiry and investigation is barred u/s 188 Cr.P.C. - Moreover, dispute arose in connection with a business..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18 -- Anticipatory bail - Offence u/s 3 of SC/ST Act - Complainant abused in the name of his caste - Complainant also assaulted by accused - This was not a case where bar u/s 18 of SC/ST Act overcome by accused - Ingredients of offence of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granting 10 days time by Session Judge to accused to surrender before Magistrate while dismissing his application of anticipatory bail - Not sustainable, as such order virtually prevented I.O. from arresting accused during aforesaid period despite dismissal of application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 143, 147, 148, 452, 427, 323, 324, 506(1), 34 -- Anticipatory bail - Offence u/ss 147, 148, 452, 427, 323, 324, 506(1) IPC - Accused and de facto complainant are relatives - No case of prosecution that accused caused injury or that he intended to cause injury on any vital part of body of de facto..........
