Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 8, 12, Indian Penal Code, 1860, Section 120B -- Bail - Offence u/ss 13(1)(d), 7, 8 & 12 Prevention of Corruption Act and S.120-B IPC - Prosecution could not show the basic requirement of mens rea to accept and receive bribe so as to bring it within the ambit of Act of 1988..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 12, 13 -- Anticipatory bail - Corruption case - Accused participating in investigation and his custodial interrogation not required - Anticipatory bail granted...........
Constitution of India, 1950, Article 19(a) & 226, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 468 and 471 -- Arrest of a MP on serious charges of corruption - Loss to State to tune of Rs.95 crores alleged - Bail rejected - Accused MP filed petition under Art.226 of Constitution to attend Parliamentary proceedings - Held, when..........
Criminal Procedure Code, 1973, Section 167(2)(ii), 439, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bail - Illegal gratification - Bail sought on the ground that charge sheet not submitted by investigating agency within stipulated period of 60 days as envisaged u/s 167(2)(ii) of Cr.P.C. - Bail granted...........
Prevention of Corruption Act, 1988, Section 7(i)(d), 13(1)(d)(i)(ii) -- Accused, Head constable, demanded and accepted illegal gratification for accepting surety bonds of complainant and his sons and releasing them on bail - Complainant and PW who accompanied complainant to police station admitted that act of accepting bail bond was done on the same day on which..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 213, 217, Prevention of Corruption Act, 1988, Section 7, 10 -- Anticipatory bail - Corruption case - FIR lodged that accused, a police officer took illegal gratification to hush up a theft case - Accused sought anticipatory bail and same declined - Held, nature of crime, warrants, custodial..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Grant of - Petitioner alleged to have committed offences u/ss 420, 120-B, IPC and Ss.7, 13 of Prevention of Corruption Act - Allegations against petitioner, Ex-Minister and Chief Minister of State extremely serious in nature in view of post held by him - May be till date prosecution has been able to collect evidence that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Prevention of Corruption Act, 1988, Section 4(1) -- Jurisdiction of special court - Accused committed crime involving three offence under IPC, under NDPS Act and Prevention of Corruption Act - Accused filed bail application in Special Court constituted under NDPS Act - Court came to the conclusion that it..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, Prevention of Corruption Act, 1988, Section 7, 13 -- Bail - Offence u/ss 420 IPC, Ss.7, 13 Prevention of Corruption Act, Ss.3, 5 & 9 of U.P. Public Examination (Prevention of Unfair Means) Act 1988 - Money received for supplying answer sheets to the candidates - Applicant arrested from a busy..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 409,420,471,465,477, 120B, Prevention of Corruption Act, 1988, Section 13(2),13(1)(c),13(1)(c) -- Bail during pendency of appeal - Accused has undergone nearly two years of sentence out of four years as awarded by trial court - High court rejected prayer of suspension of sentence and grant of bail..........