Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Appellant being a married man aged about 37 years, induced minor girl and took her into mango grove and committed sexual assault and thereafter he took her to Dhaba and forced her to work as a labourer in said dhaba, which is unpardonable - He has received..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - It is not necessary for an accused to approach Sessions Court in the first instance, as a rule, before approaching High Court...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Seeking anticipatory bail from High Court, in the first instance - Since High Court did not apply its mind to determine as to whether the case in hand warranted exercise of jurisdiction by it in the first instance without relegating accused to Sessions Court as such impugned order set aside and..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - Neither the seriousness of alleged offence nor the age of juvenile are relevant for denying bail u/s.12 of JJ Act - Further, even the child aged 16 years or above who is alleged to have committed a heinous offence is also entitled to get bail u/s 12 of JJ Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - End of justice - If the keeping of child in custody is helpful in his development and rehabilitation or protection, only then it could be said the release of child would defeat the ends of justice...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Denial of bail - The ground of denials must be based on relevant facts and circumstances emerging from the material on record including Social Investigation Report...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Social Investigation Report - If there is a concrete material in Social Investigation Report to show that the juvenile may face backless of the society, if he is released on bail, then bail could be denied to him for his protection ...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
