Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 364A, 302, 201, 34 -- Interim bail - Cancellation - High Court while granting bail failed to notice crucial aspects which have a bearing on whether or not a case for exercise of jurisdiction to grant bail u/s 439 Cr.P.C was established - High Court also failed to note that crucial witnesses..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cannot be limited to occurrence of supervening circumstances...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Illustrative circumstances are : (i)) Where Court granting bail takes into account irrelevant material of substantial nature and not trivial nature while ignoring relevant material on record; (ii) Where Court granting bail overlooks influential position of accused in comparison to victim of abuse or..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Order of granting bail is susceptible to interference when bail is granted without proper application of mind or in contravention of directions issued by Supreme Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Considerations that weigh with Appellate Court when called upon to examine the correctness of an order granting bail is not on the same footing when it comes to examining an application moved for cancellation of bail - Yardstick for testing correctness of an order granting bail is whether Court below has exercised its..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Mechanical recording submission of counsel for the accused and noting the protest of counsel for the State, bail granted by holding "in view of the aforesaid", can hardly reflect application of judicial mind by Court - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- - Cancellation of bail - Kidnapping and rape - Cancellation of bail sought on the ground that accused was declared proclaimed..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Absence of cogent reasons and failure to refer to relevant factors that weighted with Court to grant bail is also an important factor that persuade Appellate Court to interfere with the order passed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Bail - Rape - Cancellation of bail - Conduct of accused during bail has evoked a bona fide fear in the mind of complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witnesses - Order..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Addition of graver offence - When a graver offence is added, accused who is on bail has an option of surrendering before Court and apply for bail for newly added offence or even investigating agency, on addition of a graver offence, has an option to proceed to arrest accused but before doing so, it..........
