Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Held, bail once granted should not be cancelled in a mechanical manner without considering whether there is any supervening circumstances and have rather rendered it no longer conducive to fair trial to allow accused to retain his freedom by enjoying concession of bail during the trial...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Power of sessions court - Held, court of sessions cannot cancel bail which has already been granted by High Court in an ordinary course unless new circumstances arise during pendency of the trial...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail can be cancelled (i) where the accused has misused the liberty granted to him; (ii) Where the accused has attempted to tamper with the evidence; (iii) Where he has attempted to influence the witnesses; (iv) Where there is possibility of the accused to abscond and therefore, there is a possibility..........
Criminal Procedure Code, 1973, Section 439(3) -- Cancellation of bail - Bail cannot be cancelled merely on the ground that there is a serious offence against the accused...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioner hit thrice, a sick sinking child, on head with a big duster which resulted in her instant vomiting and death - Held, grant of anticipatory bail would be a pure abuse of process of law - Prayer rejected...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Can be refused if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice - Order of refusal to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - It will not amount to interference in investigation...........
Criminal Procedure Code, 1973, Section 438 -- Grant of anticipatory bail and cancellation of anticipatory bail has to be considered or dealt with on different basis - Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail can be granted while a case is under investigation...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Guidelines laid down by Constitution Bench which the Courts are required to keep in mind while dealing with an application for grant of anticipatory bail reiterated...........
