Indian Penal Code, 1860, Section 332, 353, 506, 34, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioners joined investigation and that they are no more required for any custodial interrogation - There are no allegations on behalf of State that petitioners are likely to abscond or that they are likely to dissuade witnesses from deposing..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Offence of cheating - Anticipatory bail - There are no allegations on behalf of State that petitioners are likely to abscond or that they are likely to dissuade witnesses from deposing true facts in court if released on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Cancellation - Offence u/s 307 IPC - Accused in company of 10/12 co-accused riding in a vehicle duly armed with fire arms came and caused injuries to victim - Case registered u/s 307 IPC - Anticipatory bail granted to accused on the ground that no injury was..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - First application rejected by Sessions Judge - Second application can be filed in the High Court for the same reasons...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - First bail application when rejected by High Court then second application does not lie before Sessions Court - But may invoke extraordinary powers of Supreme Court...........
Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - Maintainable on ground of substantial change in the facts and circumstances of the case - Second application is not maintainable on the ground that Court failed to consider any particular aspect or that any point then available to him was not agitated before the Court...........
Criminal Procedure Code, 1973, Section 438(4) -- Anticipatory bail - Presence of accused at the time of final hearing of bail application - Held, necessary if interim protection was given to him...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 213, 217, Prevention of Corruption Act, 1988, Section 7, 10 -- Anticipatory bail - Corruption case - FIR lodged that accused, a police officer took illegal gratification to hush up a theft case - Accused sought anticipatory bail and same declined - Held, nature of crime, warrants, custodial..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Conduct of party is relevant to decide whether anticipatory bail can be granted or not - Case registered against accused under S.20 of the NDPS Act on the allegation that 1.528 kg of Ganja recovered from his shop - Accused filed anticipatory bail taking plea that he was hospitalized for 6 days during the..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail and anticipatory bail - Principles to be followed for granting regular bail or anticipatory bail have to be applied according to the facts and circumstances of each case - Except for indicating the broad outlines for grant of bail and/or anticipatory bail, no strait jacket formula can be prescribed for universal..........
