Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - If an earlier application was rejected by an inferior Court, Superior Court can always entertain successive bail application...........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 3, 5, 7, 9, 29 -- Bail - Offence u/ss 3, 5, 7 & 9 of POCSO Act - Presumption u/s 29 of POCSO Act would come into play even if bail application is considered at pre-trial stage - Accused thus, have a right to bring to notice of Court the material or lack of it to show..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Where accused was granted interim bail for a particular period and once that period expired and his bail was considered on merits and same came to be dismissed by trial Court - Principle governing cancellation of bail therefore, would not apply to the case...........
Criminal Procedure Code, 1973, Section 439(1A) -- Bail - Notice to informant in an application for grant of bail to an accused involved in offences mentioned in S.439(1-A) Cr.P.C is obligatory - But law does not provide for issuance of notice to victim of an offence under POCSO Act at the time of consideration of bail application of accused, which High Court thinks is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, 452, 506, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Offence u/ss 354-A, 452, 506, IPC and u/s 8 of POCSO Act - Accused committed sexual assault upon a girl who is about 1/5th of his age, as accused is aged about 57 years whereas, victim is only 12 years of..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2), 3(1)(r)(s), 3(2)(va) -- Order rejecting anticipatory bail - Appeal thereagainst - Ingredients of offences under SC/ST Act attracted in view of S.18 of SC/ST Act - Appeal dismissed being not maintainable...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s), 3(2)(va), 18, Indian Penal Code, 1860, Section 341, 323, 324, 504, 427, 479, 34 -- Anticipatory bail - Offence u/ss 3(1)(r)(s), 3(2)(va) of SC/ST Act and Ss.341, 323, 324, 504, 427, 479, 34 IPC - Accused not only abused informant by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 188, 34 -- Bail - Offence u/ss 323, 324, 326, 188, 34 IPC - Co-accused already granted bail - Disputed question as to who caused grievous injury with sharp edged weapon on left arm of injured, arises in the case - Keeping in view of facts and circumstances of case, nature of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 326, 341, 506 -- Bail - Double murder case - Specific allegations against accused are on record - Serious offence of double murder has taken place motivated by previous enmity on account of party politics, leading to death of both the sons of complainant - Order granting bail set..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Rape case - Juvenile is 15 years of age thus, not fall into special category of a juvenile between 16 and 18 years - He has no criminal history - Social investigation report shows nothing against juvenile to be misfit in society - Taking into account all facts and circumstances of..........
