Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Court while dealing with prayer for grant of bail has to consider gravity of offence, which has to be ascertained in facts and circumstances of each case - One of circumstances to consider gravity of offences is also the term of sentence i.e., prescribed for offence accused is alleged to have committed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Appellant has been in custody since 09.07.2024 - He has joined investigation even prior to his arrest and co-operated with investigation - There are 210 witnesses to be examined in proceeding and there is no likelihood of trial commencing in near future -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483(3) -- Anticipatory bail - Cannot be cancelled solely on the ground that terms of compromise or promise to make payment has not been met by accused...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Non-bailable warrant as well as proclamation issued u/ss 82, 83 Cr.P.C against accused - Accused was in family way and was unable to appear before Court concerned at the time when certain processes were issued against her - There is not a total embargo on considering the application for grant of..........
Criminal Procedure Code, 1973, Section 439(2) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(3) - Cancellation of bail - Bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow accused to retain his freedom by enjoying concession of bail..........
Criminal Procedure Code, 1973, Section 439(2) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(3) - Cancellation of anticipatory bail - Cancellation sought on the ground that respondent failed to comply with terms of settlement/agreement arrived at between parties during pendency of anticipatory bail - However, it is nowhere mentioned in order if respondent failed to..........
Criminal Procedure Code, 1973, Section 82 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.84) - Proclaimed offender - Petitioner has immediately moved the present petition showing his inclination to submit himself before trial Court when petitioner came to know about passing of order declaring him proclaimed offender - He can be given one chance to appear before trial..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Long delay in framing of charges - Withholding of framing of charges for a long time is absolutely unacceptable - There is apparent slackness on the part of prosecution to assist Court for ensuring that charges are framed - Additional District and Sessions Judge, directed to submit a report..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, 12 -- Second revision petition - Maintainability - Order rejecting bail - First revision arose from rejection of first bail prayer filed while investigation was pending - No doubt, a second bail prayer may have to be considered on new grounds - But, when second bail application was filed,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Non appearance in police station and thus violating condition of bail - In a situation wherein chargesheet has been filed and trial is in progress, direction to appear in police station is prima facie not tenable - Cancellation of bail merely on the pretext of non-appearance in police..........
