Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Accused was declared juvenile by JJ Board, as he was 12 years, 11 months and 5 days at the time of accident - He was in judicial custody for a period of about 2-1/2 years..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where an order refusing or granting bail does not furnish the reasons that form the decision, there is presumption of non-application of mind which may require the intervention of Supreme Court...........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - High Court granted bail without assigning reasons - Except narrating submissions/contentions of accused and Public Prosecutor, High Court without assigning any further reasons granted bail - Order granting bail suffers from perversity - Impugned order granting bail set aside...........
Release of prisoners -- Prisoners already released on bail from jail by virtue of orders passed by SC from time to time and on the basis of recommendations of different High Powered Committees constituted for the purpose - Therefore, they shall not be asked to surrender to prison until further orders - However, since Court is not made aware about criteria being adopted by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Juvenile - Bail - Dowry death - Cruelty - Accused is about 17 years of age at the time of incident - There is no distinguishing feature from case of co-accused who is already granted bail and who is adult..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Show cause notice was issued u/s 46 Cr.P.C - However, no sufficient opportunity was given to accused to exhaust benefit u/s 446(3) Cr.P.C - Benefit or its entitlement under said provision was not either taken up or addressed - Order forfeiting bail bond of accused is bad in law and liable to be set..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - It is not within jurisdiction of trial Court either to reduce or to give up or to alter penalty, which would be legal consequence of forfeiture of bail bond except u/s 446(3) Cr.P.C for which reasons must be recorded...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 436 -- Anticipatory bail - Offence u/s 436 IPC - House of a person set on fire - FSL report shows that no petroleum product was found on the material sent for analysis - Matter in the case is required to be thoroughly investigated - Accused held, not entitled to anticipatory bail...........
Criminal Procedure Code, 1973, Section 439, 167(2)(a)(i) -- Second bail application - Maintainability - First bail application u/s 167(2)(a)(i) Cr.P.C is rejected by Magistrate - Revision would lie before District Judge against such an order passed u/s 167(2)(a)(i) Cr.P.C - Application u/s 439 Cr.P.C would not be maintainable against such an order - Second bail application..........
