Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability of petition - High Court Registry cannot exercise power to answer maintainability of petition, as it is realm of Court - Power of judicial function cannot be delegated to the Registry - Order rejecting numbering/registration of petition by Registry set aside - Registry directed to number the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Abetment of suicide - Love affair between deceased and daughter of accused - As per FIR, son of complainant has fallen sick and was admitted in various hospital and ultimately died and only after his death complainant came to know that actually his son had a love affair with daughter of accused and they were..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12(1) -- Juvenile - Anticipatory bail - Juvenile not entitled to move application for anticipatory bail in absence of specific provision in the Act of 2015...........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12(1) -- Juvenile - Anticipatory bail - Bail plea of juvenile can only be entertained when he is arrested or detained or appears or is brought before Board, and not otherwise - There is no provision either in the Act or in the Code which enables juvenile to..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Matrimonial dispute - False statement allegedly made in anticipatory bail application by accused - However, evidence on record shows that statement made in anticipatory bail application cannot be tested against unimpeachable evidence as evidence not yet led - Moreover, report in the nature of preliminary investigation..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 166, 174A, 218, 221, 120B -- Anticipatory bail - Offence u/ss 166, 174-A, 218, 221, 120-B IPC - Allegation against petitioner `N' to the effect that he helped petitioner `P' to get bail from Court and had not insisted on seeking any police or judicial remand - Offences u/ss 166, 218, 221, 120-B..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 166, 174A, 218, 221, 120B -- Anticipatory bail - Offence u/ss 166, 174-A, 218, 221, 120-B IPC - Petitioner `P' declared P.O - Although offence u/s 174-A IPC is attracted, but bearing in mind the fact that she is already appearing before trial Court in respect of main case, it is a fit case for..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 506, 148, 149, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 302, 506, 148, 149 IPC and S.25 Arms Act - No purpose would be served by holding the trial because role of petitioner is identical to role of acquitted accused - However, it cannot be denied that petitioner is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Before finding petitioners guilty, prosecution would have to prove that, firstly petitioners were harassing deceased with a view to compel him to commit suicide and secondly, that due to their harassment he was facing such compelling..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 201, 182, 34 -- Anticipatory bail - Offence u/ss 302, 201, 182, 34 IPC - After more than 5 years and without there being any requirement for custodial interrogation, to decline prayer for anticipatory bail would be to punish petitioner even before he has been found guilty - Even, sons of..........
