Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Accused convicted - Suspension of sentence during pendency of appeal - Rejected on ground that fine not paid - Held, accused entitled to bail till disposal of appeal subject to payment of fine...........
Criminal Procedure Code, 1973, Section 439 -- Application for regular bail - Maintainability - Police remand granted by Magistrate - Held, during this period also, application u/s 439 of Criminal Procedure Code is maintainable in Sessions Court - Sessions Court cannot reject application for bail on the ground that applicant is on police remand...........
Criminal Procedure Code, 1973, Section 438 -- Interim order - Since provision of anticipatory bail does not exist in U.P. as such in appropriate cases interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to a person's reputation - Moreover, arrest is not a must in all cases of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 341, 379 -- Bail - Offence u/s 326 not made out but registered against accused by misuse of power - Without expressing any opinion on merits of the case, bail granted...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Third bail application - Offence u/ss 7, 13(2), 13(1)(d) of Prevention of Corruption Act and S.120-B IPC - Accused in custody for last ten months - Bail granted without expressing opinion on merits...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 302, 34 -- Bail - Offence u/ss 365, 302, 34 IPC - Second bail application - Applicant not on parity with co-accused who is released on bail - Applicant main architect of the incident - Case of applicant distinguishable with the case of co-accused - Gravity of offence considered - Prayer for..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 506, 120B -- Rape by father in law - Anticipatory bail - Victim raped for long time - Daughter born - Husband mentally and physically unfit to perform sexual inter course - Both victim and accused ready to undergo DNA test - pre-arrest bail granted till DNA report is received...........
Criminal Procedure Code, 1973, Section 438, 439(2) -- Anticipatory bail - Cancellation - Bail cannot be cancelled merely on the ground that a particular offence in addition to offences already registered had been added during investigation - Order of cancellation of bail set aside - Bail restored...........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Concession of bail not abused in any manner - No ground to cancel bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Concession of bail not abused in any manner - Bail cannot be cancelled merely for the reason that accused is a history sheeter and has been involved in 25 criminal cases - No apprehension that accused likely to abscond or that he will tamper with the witnesses - No ground to cancel bail...........
