Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Maintainability - First anticipatory bail application was dismissed as withdrawn - Therefore, there is no bar in entertaining subsequent anticipatory bail application...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where a Court considering an application for bail fails to consider relevant factors, appellate Court may justifiably set aside the order granting bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is presumption of non-application of mind which may require the intervention of Supreme Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Condition of furnishing of bank guarantee while granting bail is illegal...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 63, 305 -- Dishonour of cheque - Offence by Company - Whenever a Company is accused u/s 138 of the Act then summons has to be issued in the name of company and service of the same can be effected by serving it on the Principal Officer or Local Manager of Company...........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 495 -- Jurisdiction of Court - Court within whose jurisdiction first wife has taken up permanent residence after commission of offence punishable u/ss 494 or 495 IPC, has jurisdiction to try the offence...........
Criminal Procedure Code, 1973, Section 154, 482 -- Registration of FIR - Non holding of preliminary inquiry - Quashing of FIR - Preliminary inquiry is desirable but FIR cannot be quashed on the ground of non holding of preliminary enquiry...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Accused has no right of pre audience before registration of FIR...........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR - FIR cannot be quashed on the ground that petitioner was not heard before registration of offence...........
