Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Heinous offences alleged to be committed by responsible officers of State empowered with observance and implementation of law - Same is an aggravating factor to be taken note of, in deviation from general principles - If so, rigidity and not leniency is the rule of law - Anticipatory bail not granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Inordinate delay in lodging FIR is to be considered at the time of adjudicating bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342, 506 -- Bail - Rape - Considering facts and circumstances of case, evidence on record, inordinate delay in lodging FIR and also the fact that trial is at its conclusive end and without expressing any opinion on merits of case, bail application allowed with conditions...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Provision of S.148 of the Act is mandatory - Contention rejected that appellate Court while granting bail, cannot make it subject to compliance of direction to deposit a part of compensation amount awarded by trial Court as provided u/s 148 of the Act...........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the stage of adjudicating bail application, Court is not inclined to delve into quality or quantity of evidence, but to see whether delinquent appears to have committed crime and he is entitled for bail or not...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Murder - Two dying declarations - Contents of both the dying declarations are same - Nothing on record to suggest that police or treating doctors had any animosity with accused - Victim was a young lady who succumbed to burn..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 406 -- Bail - Rape - Live-in-relationship - Keeping in view the nature of offence, evidence, complicity of accused, without expressing any opinion on merits of case, accused has made out a case for bail - Bail application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Commercial quantity - Bail - Accused has already remained behind the bars for almost 1 year 2 months and 11 days - Investigation has been concluded, challan stands filed and charges framed - None of PWs out of 12 have been examined so far and..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Order of recovery of Rs.1 lakh from surety - Appellant is poor farmer of remote village - Nothing on record to show that appellant has not made sincere endevaours to trace and produce accused before Court - It would be onerous for appellant to deposit entire amount of Rs.1 lakh which if not paid his..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.438(1) Cr.P.C. applies not only at post FIR stage, but it does not require that offence must have been registered - It is contemplated by said section that if a person is going to apply for anticipatory bail, he must have a reasonable belief that he may be arrested on accusation of having committed a..........
