Criminal Procedure Code, 1973, Section 437(6) -- Bail - Where in the opinion of Magistrate, it is not proper or desirable or in the interest of justice to release accused on bail, he may refuse bail by assigning reasons - Provisions of S.437(6) Cr.P.C. cannot be considered to be mandatory in nature and cannot be interpreted to grant an absolute and indefeasible right of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 201, 120B, 34 -- Bail - Cheating - Money scam - Appellant is in custody since December 2023 - Prosecution intends to examine 189 witnesses - Total amount involved in the alleged scam is approximately Rs.4 Crore but Rs.35 lakhs attributes to appellant - Appellant directed to deposit an amount..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PW6 who was working as male nurse in Hospital stated that he brought the deceased to hospital in ambulance and deceased told him that accused/respondent Nos. 2 & 3 had caused injuries with lathi to him - From the statements of witnesses, prosecution had failed to produce any evidence regarding..........
Criminal Procedure Code, 1973, Section 439(2), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15(A) -- Cancellation of bail - Non-compliance of provision of S.15-A of SC/ST Act - Victim was informed about filing of bail applications of both the accused respectively and thereafter bail applications of accused persons were decided - There..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A -- Bail - Directions issued that all I.Os/Station House Officers of all Police Stations in all Bail applications (criminal Appeals) which are submitted under SC/ST Act or offences, which have occurred before enforcement of BNSS, whenever Court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding the merit whatsoever in the application u/s 319 Cr.P.C, more than prima facie case is to be established from the evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - In the absence of any credible material, power u/s 319 Cr.P.C ought not to be invoked...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Misuse of liberty by accused indulging in similar/other criminal activity, finds a prominent place among the circumstances justifying cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail once granted cannot be cancelled mechanically by reason of involvement of accused in a subsequent crime, unless prosecution has a case that by such involvement accused intended to interfere with administration of justice in relation to the trial of case in which he was granted bail...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(AB) -- Suspension of sentence during pendency of appeal - Applicant has already undergone custody of 1 year, 2 months and 8 days - Appeal is not likely to be heard in near future - Sentence suspended during pendency of appeal...........
