Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 28 -- Anticipatory bail - Offence under POCSO Act - Special Court designated u/s 28 of POCSO Act alone is empowered to exercise power u/s 438 Cr.P.C - Sessions Court cannot entertain application filed u/s 438 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 28 -- Pre arrest bail before registering FIR - Only the Special Court designated under POCSO Act can entertain application and regular Sessions Court cannot exercise power u/s 438 of the Code...........
Indian Penal Code, 1860, Section 498A, 306, 294, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Cruelty - PWs stated that since last three years, accused had been constantly beating and threatening deceased - This caused a lot of distress to her - Deceased committed suicide as she found this torture intolerable - Bail denied to petitioner...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 406, 34 -- Bail - Dowry death - Deceased died unnatural death within 3 years of her marriage - There are categoric averments regarding demand of dowry from complainant and ill treatment of deceased by her in-laws - Issue as to cause of death is a question which trial Court will determine at..........
Criminal Procedure Code, 1973, Section 311A, Proviso -- Specimen signatures - Comparison of signatures of accused appended on cheque - Complaint u/s 138 of N. I Act - Accused has to be considered to have been arrested by executing officer in connection with proceeding pending before Court, at the time of execution of bailable warrants - Thereafter, accused appeared,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 409, 465, 466, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) -- Bail - Cheating - Misappropriation of scholarship funds on large scale - 22 educational institutes are involved in one FIR - CBI has already conducted searches at 22 private educational..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 201, 120B -- Bail - Cheating - Several criminal cases including private complaints u/s 138 of N.I. Act is registered against accused - No case of grant of bail to accused in such cases is made out - Even in four FIRs accused declared P.O - Apprehension of State that if accused is granted..........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act - S.29 of the Act has no application if a bail plea is being considered before charges have been framed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 363, 366A, 376, 323, 343, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 21, 29 -- Bail - Kidnapping and rape - Victim though was minor, was not of age that she did not understand the act involved - Age difference between accused and victim is about 4-5 years - Victim..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 7(a), 8 -- Anticipatory bail - Cheating - Tax evasion - Allegation against accused are very serious, as accused indulged in tax evasion in connivance with officer/officials of Excise and Taxation - Investigation is going on and..........