Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 506 -- Bail - Offence u/ss 307, 506 IPC - Incident took place due to sudden provocation as a result of the heated arguments between the applicant and the injured - There was no pre planned intention to commit the crime - Bail granted...........
Criminal Procedure Code, 1973, Section 437(5) -- Bail - Cancellation - Magistrate who granted bail has the right to cancel the same u/s 437(5) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 51, Wild Life (Protection) Act, 1972, Section 49, 49B -- Bail - Offence u/ss 120-B, 51 IPC read with Ss.49, 49-B of Wild Life (Protection) Act - Accused arrested at the time of recovery but the bag wherefrom five skins of Wild Animals were recovered was in possession of co-accused -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order declaring proclaimed offender - Quashing of - Petitioner was not aware about filing of complaint - Summon not served - Petitioner ready to appear before Court - Held, if petitioner appears before trial Court, he shall be released on bail...........
Criminal Procedure Code, 1973, Section 169,437,439 -- Release of accused - During investigation, Investigating officer moved application with prayer not to extend judicial custody - Magistrate directed accused to be released from jail on furnishing personal bond with or without surety - Held, it is provisional arrangement and does not amount to release of accused on bail..........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Appeal - Suspension of sentence - Grant of bail - Held, this court has taken into consideration overall view of the matter and in particular, the offence alleged, the sentence imposed, the fact that the co-accused has already been released on bail, the conduct of A1 during trial and also the fact that he has..........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Killing of a person by policemen in fake encounter - Case investigated by CBI and charge-sheet filed - Order granting bail by High Court set aside as High Court had not taken into consideration the serious nature of the allegations, the possibilities of undue influence being exerted on the witnesses for..........
Criminal Procedure Code, 1973, Section 167(2)(ii), 439, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bail - Illegal gratification - Bail sought on the ground that charge sheet not submitted by investigating agency within stipulated period of 60 days as envisaged u/s 167(2)(ii) of Cr.P.C. - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Offence under Narcotic Drugs & Psychotropic Substances Act - Accrual of right of bail on account of non-submission of charge sheet within statutory period - However, charge sheet submitted before accused could be released on bail upon completion of formalities..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted by holding that there is no evidence to connect the petitioner with the crime - Petitioner found to be in constant touch with co-accused on mobile telephone which was suppressed by petitioner - Petitioner did not co-operate in investigation by way of mis-leading the Officer not disclosing..........
