Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 294, 506, 323, 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Accused entered into house of complainant and assaulted his brother - Applicants apprehending arrest - Case registered under Sections 452, 294, 506, 323 and..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cruelty - Misappropriation of dowry articles - Petitioners, parents of husband living separately - Petitioners not expected to be interested in dowry articles after a lapse of four years - Anticipatory bail allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 149 -- FIR lodged after 23/24 days of occurrence - Post mortem not conducted - Case against petitioner based on extra judicial confession which is a weak evidence - By itself not sufficient to base conviction - Bail allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 324, 504, 506, 323, 307 -- Quashing of charge-sheet - Informant sustained guns shot injury and blunt object injuries - Charge-sheet under S.307 IPC laid before the court prior to taking cognizance of offence - Incident alleged to have taken place on 28.5.2004 at 1 P.M. - Application..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused on interim bail - On the day bail application was moved accused was in custody as he was on interim bail - Bail application to be considered on merits instead of dismissing the same on the ground of non maintainability by holding that petitioner was not in custody...........
Criminal Procedure Code, 1973, Section 439, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6, 8, 9, Indian Penal Code, 1860, Section 323, 506, 109, 117, 366A, 373 -- Recovery of 31 girls detained for prostitution - No specific role assigned nor description of activities in statement of witnesses recorded u/s 161 Cr.P.C. - No specific evidence regarding inducing..........
Prevention of Terrorism Act, 2002, Section 3(3), 22(2), 49, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 3(3) and 22(2) of Prevention of Terrorism Act - Expiry of period of one year of detention - Accused can be released on bail under ordinary law without applying rigour of Section 49(7) of the Act...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation of bail - Bail granted to accused on 06.09.2003 and a period of 2-1/2 years elapsed - Neither pleaded in the petition nor evidence to the effect that respondent has misused the concession of bail in any manner - Petition for cancellation of bail liable to be dismissed...........
Criminal Procedure Code, 1973, Section 439(2), 395(3) -- Wild Life (Protection) Act, 1972, Sections 9, 39, 51 - Bail - Cancellation of bail - Offences under the Wild Life Act - Bail granted to respondent No.2 - Reference under Section 395 Cr.P.C. made to High Court - Clarification sought as to whether the Courts at Jhajjar or Faridabad would have jurisdiction in the matter..........
Criminal Procedure Code, 1973, Section 439(1)(b) -- Bail - Condition of bail - Modification - Accused a politician - While granting bail entry of accused to district of Pratapgarh banned except on days when his presence was required in respect of cases pending in Court situated in said district - Removal of such condition on plea that accused was in public life and that by..........
