Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While rejecting bail application, Court neither set out facts of case nor mentioned submissions of counsel appearing for both the parties nor reasoning as to why Court does not consider proper to grant anticipatory bail - Impugned order set aside - Matter remanded back to High Court for deciding bail..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 79, 75, Child Labour (Prohibition and Regulation) Act, 1986, Section 3, 14 -- Anticipatory bail - Child labour - Three victims aged between 12-14 were rescued from the hostel, where petitioners employed them and made them work in a barbaric manner - Victims..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Anticipatory bail - Cheating - Forgery - Criminal conspiracy - Case involves multiple victims and forgery allegedly in respect of documents attributed to government - Large sum of money paid by victims which was transferred to accounts of different persons including..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - In the instant case, petitioners supplied all sensitive information to contractor about internal meetings of committee of officers who laid down norms and terms of contract and..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Documentary evidence on record - No ground to avoid custodial interrogation and to grant anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Cruelty - Petitioner joined investigation as per direction given by Court - Custodial interrogation of petitioner no longer required - Apprehension of petitioner fleeing away from process of law not expressed by investigating agency - Without going into merits of case,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Cruelty - Serious allegations of harassing complainant with demand of dowry was made against accused along with his family members - Besides this, allegation of forcing complainant to indulge in unnatural sex was also made against accused - More so, accused solemnized three..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Conditions - Courts are expected to put reasonable conditions in exercise of judicial discretion and such conditions should be aimed at securing presence of the accused at the time of trial and it should not hamper the evidence or prosecution witnesses during pendency of trial...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Conditions - Court is not expected to recover the amount in a criminal proceedings by putting condition to deposit money while granting bail...........
Criminal Procedure Code, 1973, Section 438, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, 4 -- Anticipatory bail in an offence u/ss 3, 4 of Act of 1989 - Not permissible in view of an express bar u/s 18 of Act of 1989 - However, summoning Court can grant bail on merits to which there is no statutory bar...........
