Criminal Procedure Code, 1973, Section 227, 195(1)(b)(ii), Indian Penal Code, 1860, Section 199, 467, 468, 471 -- Framing of charges - Petitioner stood surety for accused, even though accused was unknown to petitioner - Petitioner thus was not competent to furnish bail for accused - Petitioner filed false declaration as well as false affidavit in support of said..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Dismissal of criminal appeal for default - Challenge as to - Since appellant and his advocate were absent at the time of final hearing of criminal appeal, non bailable warrant was issued against the appellant/accused with notice to his surety - Appellate Court shall have taken necessary step to secure presence of..........
Criminal Procedure Code, 1973, Section 169,437,439 -- Release of accused - During investigation, Investigating officer moved application with prayer not to extend judicial custody - Magistrate directed accused to be released from jail on furnishing personal bond with or without surety - Held, it is provisional arrangement and does not amount to release of accused on bail..........
Prevention of Corruption Act, 1988, Section 7(i)(d), 13(1)(d)(i)(ii) -- Accused, Head constable, demanded and accepted illegal gratification for accepting surety bonds of complainant and his sons and releasing them on bail - Complainant and PW who accompanied complainant to police station admitted that act of accepting bail bond was done on the same day on which..........
Criminal Procedure Code, 1973, Section 436, 436A, 437(6) -- Bail in bailable offence - Subsequent bail when accused jumps bail - Law governing grant of bail summarised viz: (i) Every accused of an bailable offence has legal right to be enlarged on bail and if he fails to furnish the bail within a week is entitled to be released on personal bond; (ii) No accused ordinarily..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 304A -- Probation - Accused convicted and sentenced to one year RI u/s 304-A IPC - Accused not a hardcore criminal - Sending him to jail in the company of criminals not desirable - One opportunity to reform by releasing on probation ordinarily should be granted - Held, petitioner be released..........
Criminal Procedure Code, 1973, Section 438 -- Accused declared P.O. in bailable offences - Accused sought anticipatory bail apprehending his arrest before his bail application was considered - Accused directed to surrender before the area magistrate - Apprehension of accused was misconceived - When accused is declared P.O. in bailable offence, then ordinarily they should..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence of heinous crime of killing an old helpless lady by strangulation - Three bail applications rejected by Additional Chief Judicial Magistrate - High Court granted bail even when charges not yet framed - It was not the stage at which bail should have been granted to the accused - Impugned order set aside - Bail..........
Constitution of India, 1950, Article 14, 21 -- Circular of State of Maharashtra dated 16.12.2008 - Grant of furlough - Circular dated 16.12.2008 issued by State requiring furnishing of local surety from the State for availing the concession of furlough - Convicts not from the State of Maharashtra and thus finding difficulty to provide surety from the State - Held, circular..........
Prisons Act, 1894, Section 59 -- Circular of State of Maharashtra dated 16.12.2008 - Grant of furlough - Circular dated 16.12.2008 issued by State requiring furnishing of local surety from the State for availing the concession of furlough - Convicts not from the State of Maharashtra and thus finding difficulty to provide surety from the State - Held, circular imposing..........
