Criminal Procedure Code, 1973, Section 439 -- Bail - On the ground of parity with co-accused - Accused is in custody since 16.2.2016 - Allegation against accused cannot be said to be standing on a higher pedestal than allegation against co-accused who already granted bail - Trial of case is not proceeded further and even charges are yet to be framed - Bail granted to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Embezzlement of about Rs.4 crores - Accused have suffered incarceration for a period of about 15 months - Trial also not progressed - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Condition to deposit National Saving Certificates in the sum of Rs.50 lakhs with trial Court - Condition imposed is onerous - Condition imposed, set aside...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court while granting bail to accused overlooked several aspects, such as potential threat to witnesses, forcing trial Court to grant protection - Order of High Court granting bail to accused set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - Duty to record reasons is significant safeguard which ensures that discretion which is entrusted to Court is exercised in a judicious manner - Succession of orders of granting of bail by recording that `respective parties do not press for further reasoned order' without recording any..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - High Court while granting bail to accused persons overlooked the cross FIR lodged by A-6 - Post mortem reports indicate that extensive nature of bodily injuries were sustained by each of five deceased - Whether deaths occurred as a result of bullet wounds or otherwise can make no..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D(5), 17, 18, 21, Indian Penal Code, 1860, Section 120B, 414, 384, 386, 387, Arms Act, 1959, Section 25(1B)(a), 26, 35 -- Bail - Offence u/ss 17, 18, 21 of Unlawful Activities Act, Ss.120-B, 414, 384, 386, 387 IPC and Ss.25(1-B)(a), 26, 35 of Arms Act - Allegation that accused..........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the time of considering an application for bail High Court would not be required to launch into a detailed enquiry into facts which have to be determined in the course of trial - However, an application of mind by High Court to rival submissions is necessary...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Demand of dowry - Prima facie there are serious allegations in FIR in regard to harassment suffered by deceased in close proximity to her death over demands for dowry by accused - Order granting bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 341 -- Bail - Appeal against order granting bail - Offence u/ss 307, 324, 341 IPC - Bail granted to accused on the ground that is in custody for about 75 days without even considering materials on record which prima facie made out reasonable grounds to believe that accused had committed..........
