Criminal Procedure Code, 1973, Section 438, 439 -- Bail u/ss 438 or 439 Cr.P.C. - Concurrent jurisdiction is invested in Sessions Court and in High Court - Normally a person/accused should exhaust his remedy before Sessions Court before making an application before High Court u/ss 438 or 439 Cr.P.C. - However, in exceptional circumstances accused can directly approach High..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail u/ss 438 or 439 Cr.P.C. - Jurisdiction - U/s 439 Cr.P.C., no option to choose forum is given to person/accused unlike u/s 438 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 306 -- Anticipatory bail - Offence u/ss 498-A, 306 - Petitioner a female accused - There is special provision to a female even in heinous criminal offence punishable with death or imprisonment for life - In view of the fact that petitioner has two minor children and parents to support, it is..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Proclaimed offender - Determination - Petitioner has already given undertaking that he would submit to the process of law and would furnish bail bonds to the satisfaction of trial Court - Direction given to petitioner to appear before trial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 468, 120B -- Anticipatory bail - Offence u/ss 420, 406, 468 & 120-B IPC and S.72(A) of IT Act - Allegation that accused persons being husband and wife, trustees of two trusts raised few crores of rupees as donation to build a `museum' in honour of 2002 riot victims which they failed to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Complaint case - In a complaint case it is only the presence of accused which is required and his custodial interrogation is not required - Custody of accused during trial will serve no purpose - By dismissing the anticipatory bail application learned Addl. Sessions Judge should not have compelled the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 143, 147, 148, 341, 323, 324, 326, 308, 149 IPC - Mother of petitioner suffering from cancer - Custodial interrogation not required - No criminal antecedents against petitioner - Some of other accused in the crime granted anticipatory bail - Anticipatory bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Very serious and direct allegations of commission of offences are assigned to petitioner and his other co-accused - Petitioner was initially declared proclaimed offender and evading his arrest - Held, Petitioner is not entitled for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Grant - Petitioners have already joined the investigation and no longer required for further investigation - No history of their previous involvement in any criminal Case - All offences alleged are triable by court of Magistrate - Held, Petitioners are entitled for bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offences u/ss 498-A, 406 & 34 IPC - Settlement between parties - Parties arrived at settlement for a comprehensive settlement of an amount of Rs.6 lacs - Joint petition for divorce by mutual consent shall be filed within two weeks - Amount settled to be paid at..........
