Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Pre-condition of furnishing bank guarantee - Not sustainable - Set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2) -- Bail - Rape - Accused has been in incarceration for more than 8 months - Charge sheet has been filed - Trial Court has not yet framed charges and trial has not commenced - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Dismissal of application for bail at the time when investigation was pending - Order of discharge set aside by High Court - Accused not indulged in any unlawful activity when he was a free man during this period - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 124A, 153, 153A, 153B, Unlawful Activities (Prevention) Act, 1967, Section 18, 39 -- Bail - Offence u/ss 120-B, 124-A, 153, 153-A, 153-B IPC and Ss.18, 39 of UAPA - Accused has suffered incarceration for about 567 days - Order of discharge set aside by High Court - Nothing brought on record..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 39, 40 -- Bail - Offence u/ss 39, 40 of UAPA - Prima facie there is no satisfaction that acts which are committed by accused have been committed with intention to further the activity of a terrorist organization - It is not the case of accused that they did not make the payment..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court earlier rejected bail application - Trial Court granted bail on filing of fresh bail application, having due regard to the nature of offence, fact that other accused had been granted bail and that charge sheet has been submitted - Order of trial Judge does not indicate that he had applied..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Under trial prisoners - Directions issued that: (i) Court which grants bail to an undertrial prisoner/convict would be required to send a soft copy of bail order by e-mail to prisoner through the Jail Superintendent on the same day or next day - Jail Superintendent would be required to enter the date of grant of bail in..........
Criminal Procedure Code, 1973, Section 439 -- Bail - No need of further custodial trial - Not a relevant aspect while considering bail application - Same may have some relevance while considering application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Charge sheet already filed - Whatever material has been collected during investigation was required to be considered by Court while considering application u/s 439 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 328, 120B -- Bail - Rape - High Court while allowing bail application has not taken into consideration relevant aspects which are required to be kept in mind - Considering fact that charge sheet has already been filed, accused is already charge sheeted and relevant material is also now a..........
