Criminal Procedure Code, 1973, Section 437(6) -- Bail - Right of accused u/s 437 (6) of the Code is not an absolute right - Discretion vests with Magistrate which he will exercise keeping in view the nature and gravity of offence, prima facie case, the manner in which it is alleged to have been committed, the role and prima facie material suggesting the involvement of..........
Criminal Procedure Code, 1973, Section 437, 438 -- Anticipatory bail - Incident of murder took place 25 years ago - During this period investigating agency did not deem it proper to arrest accused - No allegation that accused threatened or influenced any witness - Held, accused entitled to anticipatory bail - It is immaterial if the charge sheet has been submitted in the..........
Criminal Procedure Code, 1973, Section 437(1)(i), 438 -- Murder case - Charge sheet put up in the court - Maintainability of anticipatory bail application in the High Court - Held, application is maintainable - In murder case Magistrate in whose court charge sheet is submitted is not empowered to grant bail - If accused appears before the Magistrate, they are bound to be..........
Criminal Procedure Code, 1973, Section 437 -- Bail on ground of parity - Co-accused already granted bail - Second bail application - No change in factual situation after dismissal of first bail application - Petitioner played major role in causing death of deceased who initiated fight and gave fist blow to the deceased on his head - Held, case of petitioner accused is on..........
Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 406, 420 -- Bail - Offence u/ss 406, 420 IPC - Evidence not concluded within 60 days after the first date of recording of evidence of prosecution - Delay not attributable to accused - Accused remained in custody during all this period - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, Criminal Procedure Code, 1973, Section 437 -- Bail - Offence u/ss 8/20 NDPS Act - Recovery of charas - Actual weight of charas not ascertained by seizing officer - Report of chemical analysis not yet received - Nothing stated as to how the sample was taken either by the seizing officer or by the I.O...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 437 -- Bail - Accused committing gang rape on a minor girl aged about 15 years - Accused a juvenile - Held, case of accused comes in exception category of Section 12 of Juvenile Justice Act - His release would expose him to moral, physical or psychological..........
Criminal Procedure Code, 1973, Section 437(6) -- Economic offences - Bail application - Rejection of - Possibility that petitioner if released on bail would tamper with evidence and dissuade witnesses from giving evidence cannot be ruled out - Economic Offences alleged against petitioner are of such serious magnitude that his release is likely to affect society at large -..........
Criminal Procedure Code, 1973, Section 437, 439, 446A -- Bail - Violation of conditions imposed by Superior Court while granting bail - Magistrate can cancel bail if he comes across instances of violation of conditions of bail even without there being any request for cancellation of bail...........
Criminal Procedure Code, 1973, Section 437, 439, 441 -- Bail bond executed by an accused upon grant of bail by High Court or Sessions Court - Such condition shall be incorporated in the bail bond...........
