Criminal Procedure Code, 1973, Section 438, 357 -- Anticipatory bail - Condition to pay interim compensation to legal heirs of deceased (victim) cannot be imposed while granting anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted subject to offered payment - Process of criminal law particularly in matters of grant of bail is not akin to money recovery proceedings - Anticipatory bail can be granted irrespective of any payment or any offer of payment - Order granting anticipatory bail affirmed but condition therein of payment..........
Indian Penal Code, 1860, Section 384, 420, 195, 506, 211, 120B -- Offence u/ss 384, 420, 195, 506, 211, 120-B IPC - Petition u/art 226 of Constitution for quashing of FIR - Maintainability - Prima facie case is made out against accused, which requires a detailed investigation to be carried out by authorities - Case does not fall under category of rarest of rare cases -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Unnatural offence - Victim and her father retracted from their previous statements while appearing in witness box - No purpose is going to be served by subjecting accused to custodial interrogation at..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, Criminal Procedure Code, 1973, Section 438 -- Offence u/s 3(1)(w)(ii) of the Act - Anticipatory bail - When prima facie offences in question are not attracted, there is no question of bar u/s 18 of SC/ST Act - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Juvenile - Application u/s 438 Cr.P.C filed by a child in conflict with law for grant of anticipatory bail is maintainable...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cannot be granted merely on the ground that custodial interrogation is not required or necessitated...........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - A person against whom a warrant is issued and is absconding or concealing himself in order to avoid execution of warrants and proceedings u/s 82 Cr.P.C. initiated against him, is not entitled to relief of anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Can be granted when accusation is made with the object of injuring or humiliating the applicant by having him arrested...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Order of bail in anticipation of arrest, cannot be granted for it to be used as a shield...........
