Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On parity basis - Parity is a relevant consideration while granting bail to persons accused of similar charges but principle of parity is not attracted for rejection of bail applications...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissal of application of accused u/s 482 Cr.P.C would not be a bar against consideration of merits of his application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cheating - Mere non-payment of money paid under a contract cannot be a ground for initiation of criminal proceedings and it certainly cannot be a ground for rejection of application for grant of anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Paramount consideration in cases where bail or anticipatory bail is claimed are the nature and gravity of offence propensity or ability of accused to influence evidence during investigation or interfere with trial process by threatening or otherwise trying to influence the witnesses, likelihood of accused to flee..........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory bail - Investigation was completed and charge sheet was filed after granting of anticipatory bail to accused - Accused cooperated with investigation both before when no protection was granted to him till filing of charge sheet - Impugned order of High Court rejecting bail and directing accused to surrender and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Four cases - Sentence - When conviction arises out of single transaction, concurrent sentences are merited but not when there are several transactions over a period of time...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Four cases - Sentence - When conviction arises out of single transaction, concurrent sentences are merited but not when there are several transactions over a period of time...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Order passed u/s 143-A of N.I. Act - Revision before Sessions Court against such an order is maintainable, as order passed u/s 143-A of N.I Act is intermediate order and not interlocutory order...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merits of evidence has to be appreciated only during trial by cross-examination of witnesses and scrutiny of Court and not at the stage of summoning of additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of summoning an accused there has to be a prima facie satisfaction of Court - Detail examination of witness and other witnesses is a subject matter of trial which has to begin afresh...........
