Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Interim bail - Murder case - Accused was 16 years and four months when he was taken in detention - He is 21 years old now - Though, accused is now in correction/observation home but yet his continued detention until completion of trial may carry its own adverse effects - Interim bail..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Offence u/s 3(2)(5) IPC - Involvement of accused is apparent from CCTV footage - Accused has been identified by informant which is corroborated by statement of accused - Offence in question is a heinous crime - Prima facie there is no good ground to presume false implication of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 109, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Interim bail during pendency of appeal - Appeal against conviction - Assets disproportionate to known source of income - Accused is a lady, who has already undergone 2 years and 9 months sentence - Interim bail granted to accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A(2), 341 -- Anticipatory bail - Outraging modesty of woman - Delay of 2-1/2 years in lodging FIR - Delay in the matter of sexual offence though does not have much significance, but considering the fact that victim is a very educated lady, she should explain the delay satisfactorily -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Normally, anticipatory bail cannot be granted for a limited period however, if facts and circumstance so warrant, Court would be justified in limiting it for a particular period...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted till framing of charge - Reasons for limiting anticipatory bail for a particular period not mentioned by High Court - Part of impugned order which restricts anticipatory bail upto framing of charge quashed and set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition (c) restraining applicant from entering into Districts of Bellary in Karnataka and District of Ananthapuram in Cuddapah in AP - Modification of condition - Investigation was carried out by CBI - Most of the witnesses are from said Districts - There is serious apprehension on part of CBI that if..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(1) -- Preventive detention - Vital fact that detenue had been released on bail by Special Court despite rigours of S.37 of NDPS Act had not been brought to notice at the time when detaining authority passed detention order - This fact was withheld and detaining authority was..........
Criminal Procedure Code, 1973, Section 439 -- Bail - On parity basis - High Court granted bail to accused on parity basis while proceeding on irrelevant considerations and while ignoring relevant features of case - Order granting bail set aside - However, it is left open to accused to apply for bail afresh after surrendering and at an appropriate stage...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - High Court while granting bail to accused has not at all considered seriousness and gravity of offence alleged against accused - Even, High Court has not considered relevant material forming charge sheet - More so, High Court while considering parity has not at all..........
