Criminal Procedure Code, 1973, Section 439, 439(2) -- Cancellation of bail and challenging order granting bail - Difference - While considering the application for cancellation of bail, Court ordinarily looks for some supervening circumstances like tampering of evidence either during the investigation or during the trial, threatening of witness, accused likely to abscond..........
Unlawful Activities (Prevention) Act, 1967, Section 43D, 13, 17, 18, 18(B), 38, 39, Indian Penal Code, 1860, Section 120B, 153A, 153AA -- Bail - Offence u/ss 13, 17, 18, 18(B), 38, 39 of UAPA and Ss.120-B, 153-A, 153-AA IPC - There are reasonable grounds for believing that accusations against respondents are prima facie true and that the mandate contained in S.43(D)(5)..........
Criminal Procedure Code, 1973, Section 439 -- Bail - If there are serious allegations against accused, even if he has not misused the bail granted to him, such an order can be cancelled by same Court that has granted the bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - In a serious criminal offence - Court must consider relevant factors like nature of accusations made against accused, manner in which the crime is alleged to have been committed, gravity of offence, role attributed to accused, criminal antecedents of accused, probability of tampering of witnesses and repeating the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Can also be revoked by a superior Court if it transpires that Courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Double murder case - All the accused have remained in custody for less than three years for such a serious offence of double murder for which they have been charged - Accused have previous criminal history and there have been allegations that three of accused herein have threatened one of the key eye-witnesses in open..........
Criminal Procedure Code, 1973, Section 439 -- Bail - If there are serious allegations against accused, even if he has not misused the bail granted to him, such an order can be cancelled by same Court that has granted the bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - In a serious criminal offence - Court must consider relevant factors like nature of accusations made against accused, manner in which the crime is alleged to have been committed, gravity of offence, role attributed to accused, criminal antecedents of accused, probability of tampering of witnesses and repeating the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Can also be revoked by a superior Court if it transpires that Courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Double murder case - All the accused have remained in custody for less than three years for such a serious offence of double murder for which they have been charged - Accused have previous criminal history and there have been allegations that three of accused herein have threatened one of the key eye-witnesses in open..........
