Criminal Procedure Code, 1973, Section 437(1), (4) -- Bail - Grant or refusal - Court must indicate reasons for prima facie concluding why bail was granted or refused...........
Criminal Procedure Code, 1973, Section 437(1), (4) -- Bail - Grant or refusal - Reasons for granting or refusing bail are always based on facts of case - Without mentioning facts, no reason can be recorded - It is therefore necessary to mention the facts in brief, including date of arrest/surrender of accused and rank of accused, if there are two or more accused in crime..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Non conclusion of trial within 60 days - S.437(6) Cr.P.C. is not mandatory but it is discretion of Court - 21 cases pending against petitioner and he is habitual offender - Application dismissed...........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Cancellation of bail - Powers granted to Magistrate u/s 437(5) Cr.P.C. and power granted to Sessions Court as well as High Court u/s 439(2) Cr.P.C. are not for cancellation of bail in all circumstances...........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Powers of Courts u/ss 439(2), 437(5) Cr.P.C. - Sessions Court and Court of Magistrate under the guise of powers conferred u/ss 439(2) or 437(5) Cr.P.C, cannot review its orders granting bail...........
Criminal Procedure Code, 1973, Section 439(2), 437(5) -- Cancellation of bail - When there is violation of bail conditions, prosecution or aggrieved need not rush to Superior Courts, they can approach the very same Court u/s 437(5) Cr.P.C. as well as u/s 439(2) Cr.P.C. for getting the accused arrested...........
Criminal Procedure Code, 1973, Section 437(5), 167(2) - - Cancellation of bail - Bail granted u/s 167(2) Proviso Cr.P.C., can be cancelled by invoking the provisions of S.437(5) Cr.P.C...........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Ss.437(5), 439(2) Cr.P.C. empowers the Magistrates and Sessions Courts respectively to cancel the bail granted to an accused on the basis of his subsequent conduct...........
Criminal Procedure Code, 1973, Section 439, 437(7) -- Bail - Fifth bail application - Offence u/ss 376(1), 366, 511, 506 IPC - Sexual assault by Government servant on promise of providing Government job to prosecutrix - Prosecutrix has not supported the prosecution case as she denied the alleged allegation against accused and stated that name of accused was mentioned by..........
Criminal Procedure Code, 1973, Section 437(5) -- Bail - Cancellation - Validity - Order of anticipatory bail cannot be taken into consideration while cancelling bail - No allegations in application of prosecution that concession of bail is being mis-used by accused - Held, cancellation of bail is not valid...........
