Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(x), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence under SCST Act - S.18 of the Act creates a specific bar in the grant of anticipatory bail and Court not to grant anticipatory bail unless it prima facie finds that such an offence is not made out...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After grant of interim protection by Supreme Court accused misused his liberty in creating hindrance to the investigation and continues to scuttle it and also intimidating and pressurizing the complainant a well as the prosecution witnesses - Order declining anticipatory bail, upheld...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Corrections/additions/alterations made in various documents and incorrect information furnished to the Educational Authorities - To bring out all the material information custodial interrogation required - Order declining anticipatory bail, upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 437, 438 -- Dishonour of cheque - Cheque issued pursuant to agreement to sell got dishonoured - Agreement to sell is on record - Case of prosecution is that though it bears signatures of complainant, but body of writing was written later on - Held, all these matters have to be adjudicated..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Rejected on ground that accused may come into contact with other accused persons - Rejection based on unfounded apprehension - Order set aside - Bail granted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused who is absconding and declared as a `proclaimed offender' is not entitled to anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - S.438 Cr.P.C. cannot be invoked when Magistrate issued non bailable warrants u/s 82 Cr.P.C. for securing presence in Court...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Prosecutrix had been involved with continued sexual relations with accused for the last nearly 6 years - At the time of first act of sexual intercourse she was a major girl of 21 years of age - Not only did she refrain from filing any report but persistently went to accused and has travelled with him..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20 -- Recovery of contraband - Charas or ganja - FSL report does not give clear indication as to nature and quantity of contraband seized - Accused in custody for more than one year - Bail granted...........
Indian Penal Code, 1860, Section 302, 34, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 14, 16, 17, 20 -- Murder - Conviction u/s.302 IPC - Appellant/accused challenging conviction on ground that he was juvenile at time of incident and must be given benefit of provisions of Act of 2000 - Appellant was convicted by Trial Court on 07.09.2000 whereas..........
