Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Order granting bail can either be challenged on merits before higher Court or same can be cancelled u/s.437(5) or S.439(2) Cr.P.C. on consideration of relevant factors of misuse in indulging in similar criminal activity, interfering with course of investigation, attempts to tamper with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8 -- Bail - Kidnapping and rape - Victim left home of her parents secretly with her belongings by her own will and she had surrendered to physical desires of accused out of her love and affection for him - It is not the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Cheating - Accused have taken a sum of Rs.8 lacs from complainant for purpose of sending son of complainant abroad - However, receipt and one agreement relied upon by complainant is disputed by accused - Even otherwise, contention that accused had undertaken to pay money..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 469, 294, 120B, 201, 384, Information Technology Act, 2000, Section 66D, 67, 67A, 67E -- Cancellation of bail - Complaint regarding misuse of concession of regular bail/anticipatory bail not filed with the police authorities - Affidavit of DSP regarding details of investigation carried out..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Admittedly,`K' and `S' were owner of land - `SK' claimed that `K' and `S' executed collaboration agreement which is claimed by complainant to be forged document - Moreover, `SK' executed agreement for allotment of flat..........
Criminal trial -- Bail - Purpose of detention during trial - Is to secure presence and not punishment - Bail is the rule and jail an exception...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37(1)(b) -- Bail - Offence u/s 22 of NDPS Act - Recovery of 51 strips of tramadol hydrochloride parvori, spas - Recovery of contraband made from co-accused - Whether petitioner was in conscious possession of contraband recovered from co-accused and the fact that he..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed within time - As investigation entrusted to CBI as such final report set aside - Held, once investigation agency files charge sheet within prescribed period, right of accused to get default bail ceases...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused is released on bail u/s 167(2) Cr.P.C, he cannot be re-arrested by cancelling bail, merely on filing of charge sheet...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within time - Charge sheet set aside as investigation entrusted to CBI - Order to entrust investigation to CBI passed by single Judge of High Court challenged and appeal there against pending before Division Bench - Held, non existence of charge sheet against accused during interregnum does..........