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 438, Indian Penal Code, 1860, Section 376 -- Bail - Rape - A person, who is absconding and evading process of law, is not entitled to grant of anticipatory bail save in exceptional case justifying departure from this principal...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Promise to marry - Committed sexual intercourse on number of occasions - Accused thereafter refused to marry - It appears that accused from the very beginning did not intend to marry the prosecutrix - Status report filed by State shows that accused absconding and has not..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of anticipatory bail is at the discretion of the Court which can be used sparingly in exceptional cases and to protect the interest of the accused who are innocent and those who have been falsely implicated in the crime...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender - Proper course is to surrender before concerned Court and seek regular bail instead of seeking anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - No blanket order can be passed u/s 438 Cr.P.C. to prevent the accused from being arrested at all in connection with the case...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Should be of limited duration only and primarily on the expiry of that duration or extended duration, the Court granting anticipatory bail should leave it to the regular court to deal with the matter on an appreciation of evidence placed before it after the investigation has made progress or the charge sheet..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On the strength of an order granting anticipatory bail an accused against whom charge has been framed, cannot avoid appearing before the trial Court...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cannot be refused solely on the ground that challan has now been presented...........
