April 2018

Indian Penal Code, 1860, S.302–Murder–Bail–There is no allegation against either of the petitioners of having inflicted injuries upon the person of deceased–On five different dates complainant had been summoned but he has chosen not to appear–Out of 23 prosecution witnesses, only 05 have been examined till date—Bail granted

By | April 19th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.302–Murder–Bail–There is no allegation against either of the petitioners of having inflicted injuries upon the person of deceased–On five different dates complainant had been summoned but he has chosen not to appear–Out of 23 prosecution witnesses, only 05 have been examined till date—Bail granted

Allegation that present petitioner was driving the different car and was guiding the other vehicle so that the contraband could be delivered safely at the destination—Held; since no recovery has been effected from present petitioner, he is entitled to bail-Bail granted-Criminal Procedure Code, 1973, S.439.                        

By | April 18th, 2018|Bail|

Comments Off on Allegation that present petitioner was driving the different car and was guiding the other vehicle so that the contraband could be delivered safely at the destination—Held; since no recovery has been effected from present petitioner, he is entitled to bail-Bail granted-Criminal Procedure Code, 1973, S.439.                        

Indian Penal Code, 1860, S.406 & S.420–Bail–Criminal breach of Trust-Cheating-Money given for getting work visa abroad-Amount was entrusted to main accused and not to present petitioner who had worked with main accused for a short period of time-Bail granted-Criminal Procedure Code, 1973, S.439–immigration Act, 1983, S.24.

By | April 18th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.406 & S.420–Bail–Criminal breach of Trust-Cheating-Money given for getting work visa abroad-Amount was entrusted to main accused and not to present petitioner who had worked with main accused for a short period of time-Bail granted-Criminal Procedure Code, 1973, S.439–immigration Act, 1983, S.24.

Indian Penal Code, I860, S.366—Kidnapping—Bail—Prosecutrix less than 18 years of age—Marriage solemnized between petitioner and prosecutrix

By | April 7th, 2018|Bail|

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Bail granted – petitioner is in custody from last 16 months, co-accused has already been released on bail out of 29 prosecution witnesses, only examination-in-chief of the complainant so far has been reordered

By | April 6th, 2018|Bail|

Comments Off on Bail granted – petitioner is in custody from last 16 months, co-accused has already been released on bail out of 29 prosecution witnesses, only examination-in-chief of the complainant so far has been reordered

Bail granted – Considering the fact that the petitioner is a young boy of 20 years of age; the prosecutrix has not supported the case of the prosecution; the challan stands already presented, the petitioner is in custody since 29.01.2017, out of 14 prosecution witnesses, 6 have been examined so far, therefore, it can be safely inferred that the completion of trial will take a long

By | April 6th, 2018|Bail|

Comments Off on Bail granted – Considering the fact that the petitioner is a young boy of 20 years of age; the prosecutrix has not supported the case of the prosecution; the challan stands already presented, the petitioner is in custody since 29.01.2017, out of 14 prosecution witnesses, 6 have been examined so far, therefore, it can be safely inferred that the completion of trial will take a long

Indian Penal Code, 1860, S.302–Murder–Bail–Earlier at the time of death of his father, complainant stated that his father had died natural death-No w, after two years complainant lodged FIR that accused had kidnapped and killed his father

By | April 5th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.302–Murder–Bail–Earlier at the time of death of his father, complainant stated that his father had died natural death-No w, after two years complainant lodged FIR that accused had kidnapped and killed his father

Indian Penal Code, I860, S.302—Murder—Bail—Contention that present petitioner was implicated on statement of material witness who had not supported the prosecution version

By | April 5th, 2018|Bail|

Comments Off on Indian Penal Code, I860, S.302—Murder—Bail—Contention that present petitioner was implicated on statement of material witness who had not supported the prosecution version

March 2018

January 2018

Prevention of Money Laundering Act, 2002, S.45(i)–Bail–Woman Director of Company- -Unless a strong case of proactive role played by woman accused for commission of alleged offence is made out; bail should be granted

By | January 31st, 2018|Bail|

Comments Off on Prevention of Money Laundering Act, 2002, S.45(i)–Bail–Woman Director of Company- -Unless a strong case of proactive role played by woman accused for commission of alleged offence is made out; bail should be granted

Indian Penal Code, 1860, S.386-A & S.376–Bail–Rape-improbable story-Kidnapping–Story put forth by the prosecutrix in her statement under Section 164 CrPC seems to be based on an afterthought and concoction which does not appeal to reason- Bail granted

By | January 26th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.386-A & S.376–Bail–Rape-improbable story-Kidnapping–Story put forth by the prosecutrix in her statement under Section 164 CrPC seems to be based on an afterthought and concoction which does not appeal to reason- Bail granted

October 2017

LANDMARK JUDGEMENT – Bail—Default Bail—If offence is punishable with imprisonment upto 10 years’ then accused in entitled for default bail after 60 days and where minimum sentence is 10 years or more then after 90 days.

By | October 25th, 2017|Bail|

Comments Off on LANDMARK JUDGEMENT – Bail—Default Bail—If offence is punishable with imprisonment upto 10 years’ then accused in entitled for default bail after 60 days and where minimum sentence is 10 years or more then after 90 days.

Bail—Murder—Petitioner is a mother of minor child aged three years—Challan has been presented and no recoveries are to be made from her—Petitioner granted bail especially for taking care of minor child.

By | October 24th, 2017|Bail|

Comments Off on Bail—Murder—Petitioner is a mother of minor child aged three years—Challan has been presented and no recoveries are to be made from her—Petitioner granted bail especially for taking care of minor child.

August 2017

July 2017

Criminal Procedure Code, 1373, S.439–Bail– If the bail application is filed the adjournment is not be granted merely on the asking of the counsel

By | July 19th, 2017|Bail|

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Criminal Procedure Code, 1973, S.439–Dowry Death–Bail–Petitioner was husband of deceased and also directed by court to surrender and apply for regular bail

By | July 3rd, 2017|Bail|

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LANDMARK JUDGEMENT —- Criminal Procedure Code, 1973, S.167–Bail–Statutory bail-Non filing of application-It would be futile exercise to ask the petitioner to avail the remedy under Section 167(2) of the Code by moving application under the said provisions-High Court can take note of the law and can consider the bail application itself without asking the accused to approach the Lower Court

By | July 2nd, 2017|Bail|

Comments Off on LANDMARK JUDGEMENT —- Criminal Procedure Code, 1973, S.167–Bail–Statutory bail-Non filing of application-It would be futile exercise to ask the petitioner to avail the remedy under Section 167(2) of the Code by moving application under the said provisions-High Court can take note of the law and can consider the bail application itself without asking the accused to approach the Lower Court

Criminal Procedure Code, 1973, S.439–Dowry Death–Bail–Material witnesses have already been examined and they have not supported the prosecution case—No injury on deceased

By | July 2nd, 2017|Bail|

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June 2017