Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 392, 323, 452, 506, 294(b), 34 -- Anticipatory bail - Offence u/ss 392, 323, 452, 506, 294(b), 34 IPC - Material placed on record would sufficiently indicate that accused had intention to intimidate or at least slap him and thus, cause hurt to him and also applying stinging nettle plant over his..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Merely because there is another offence levelled which may be non-bailable, ipso facto bail cannot be cancelled...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - For cancellation of bail very cogent and overwhelming circumstances are necessary...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Court not opined that accused has in any manner affected the investigation or has shown rowdy behaviour of any kind after having been granted bail - Impugned order cancelling bail set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323 -- Anticipatory bail - Cruelty - Refusal on part of husband to take wife back to matrimonial home, indicates that husband did demand dowry and because the same was not met she was turned out of matrimonial home - Bail rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 307, 337, 326, 379, 504, 147, 148, 149, Arms Act, 1959, Section 27 -- Anticipatory bail - Offence u/ss 323, 341, 307, 337, 326, 379, 504, 147, 148, 149 IPC and S.27 of Arms Act - No proclamation and declaration with regard to petitioner u/s 82(4) Cr.P.C that he is an absconder -..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - There is no provision requiring accused to make any formal application for default bail - Even an oral plea for default bail is compliance with S.167(2) Proviso (a) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused cannot be released on bail by a Court on its own motion and it is necessary for accused to apply and offer to furnish bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If two essential conditions as set out in S.167(2) Proviso (a) Cr.P.C are met, then there would be no justifiable reason to detain accused and those conditions are : (i) Investigation has not been completed within period of 60 or 90 days, as the case may be from date of arrest of accused; and (ii) accused is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Non-deposit of 20% of compensation amount - Order revoking suspension of sentence - 20% of compensation amount works out to Rs.12 lakhs - Accused already deposited an amount of Rs.6 lakhs and has now prepared another draft for balance amount of Rs.6 lakhs - Delay in arranging..........
