Criminal Procedure Code, 1973, Section 439 -- Bail - Apprehension of prosecution that accused may influence witnesses - Concern of prosecution can be taken care of by directing accused not to make any attempt to influence the witnesses...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Most of the evidence documentary evidence which are already in possession of Investing Agency - Further charge sheet has been filed - Accused is entitled for bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Detailed elaboration of evidence has to be avoided at the stage of consideration of bail application...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Factors for consideration for grant of bail are : (i) prima facie case (ii) possibility of accused tampering with the evidence or influencing the witnesses, and (iii) the possibility of accused fleeing away from the hands of justice - Gravity and seriousness of offence is another factor that has to be taken into..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because accused had not filed the petition for quashing u/s 482 Cr.P.C or Arts.226, 32 of Constitution, it cannot be said that no application for bail at pre-trial stage could be entertained...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 468, 469, 471, 194, 211, 218, 120B -- Bail - Offence u/ss 468, 469, 471, 194, 211, 218, 120-B - Charge sheet has been filed - Accused after being released on interim bail has not been called for investigation even on a single occasion - She has already surrendered her passport which shall continue..........
Criminal Procedure Code, 1973, Section 155(4) -- Non-cognizable offence and cognizable offence - If facts reported to police disclose both cognizable and non-cognizable offences, police would be acting within scope of its authority in investigating both offences, as legal fiction enacted u/s 155(4) Cr.P.C. provides that even a non-cognizable case shall in that situation be..........
Criminal Procedure Code, 1973, Section 155(4) -- Non-cognizable offence and cognizable offence - Where Magistrate forwarded a complaint involving offences cognizable and non-cognizable in nature to police and police files a report finding that non-cognizable offence was committed, Magistrate is legally empowered to proceed with the trial...........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 3 -- Rape - Substantive evidence - Statement of witness u/s 164 CrPC is not substantive evidence - Substantive evidence is one which is given by witness in Court on oath in presence of accused..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court while rejecting anticipatory bail granted interim protection to accused for a period of two months and directed that no coercive steps be taken against accused for a period of two months - Self contradictory orders were passed by High Court - Order to the extent of directing no coercive steps..........
