November 2019

Cruelty to Wife—It has now a days become a trend in our society to fleece the husband side by leveling shocking allegations which stir the conscience of the Court and the trend of slapping of Sections 376 and 377 IPC— Anticipatory Bail granted

By | November 28th, 2019|Anticipatory Bail|

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Bail-Cancellation of-Default in appearance—High Court while exercising powers under Section 439 of the Cr.P.C., in cases triable by the Courts below, only directs the concerned Court to admit such accused to bail during the pendency of the trial-High Court does not itself admit the accused the bail — Anticipatory Bail-Default in Appearance-Once accuse has submitted to the jurisdiction of the trial Court and has been granted concession of bail, application under Section 438 of the Cr.P.C. is not maintainable.

By | November 27th, 2019|Anticipatory Bail|

Comments Off on Bail-Cancellation of-Default in appearance—High Court while exercising powers under Section 439 of the Cr.P.C., in cases triable by the Courts below, only directs the concerned Court to admit such accused to bail during the pendency of the trial-High Court does not itself admit the accused the bail — Anticipatory Bail-Default in Appearance-Once accuse has submitted to the jurisdiction of the trial Court and has been granted concession of bail, application under Section 438 of the Cr.P.C. is not maintainable.

Prevention of Corruption Act, 1988, S.7-Bribe-Anticipatory Bail-Contention that only allegation against the petitioner is that he took money from complainant to main accused-No allegation that petitioner knew about the alleged bribe-Bail granted

By | November 15th, 2019|Anticipatory Bail|

Comments Off on Prevention of Corruption Act, 1988, S.7-Bribe-Anticipatory Bail-Contention that only allegation against the petitioner is that he took money from complainant to main accused-No allegation that petitioner knew about the alleged bribe-Bail granted

Rape–Anticipatory Bail-No identification parade was conducted—No allegation has been leveled against the petitioner- -Daughter of petitioner had lodged the FIR against cousins of complainant which is still pending—Petitioner has joined investigation—Bail granted

By | November 3rd, 2019|Anticipatory Bail|

Comments Off on Rape–Anticipatory Bail-No identification parade was conducted—No allegation has been leveled against the petitioner- -Daughter of petitioner had lodged the FIR against cousins of complainant which is still pending—Petitioner has joined investigation—Bail granted

October 2019

Anticipatory Bail—NDPS–Contention that as per prosecution recovery of poppy husk has been effected from a car other than in which present petitioner was travelling–Bail granted

By | October 24th, 2019|Anticipatory Bail|

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Anticipatory Bail–NDPS–Held; since petitioner was not arrested at the spot and has already joined the investigation; anticipatory bail granted

By | October 12th, 2019|Anticipatory Bail|

Comments Off on Anticipatory Bail–NDPS–Held; since petitioner was not arrested at the spot and has already joined the investigation; anticipatory bail granted

Cheating–Anticipatory Bail Granted – Held; As per FIR, ‘G’ had received the whole amount from complainant and it is nowhere alleged that ‘R’ had even received any amount or said amount would given in presence of ‘R’–As such complicity of petitioner ‘R’ would be debatable

By | October 11th, 2019|Anticipatory Bail|

Comments Off on Cheating–Anticipatory Bail Granted – Held; As per FIR, ‘G’ had received the whole amount from complainant and it is nowhere alleged that ‘R’ had even received any amount or said amount would given in presence of ‘R’–As such complicity of petitioner ‘R’ would be debatable

Anticipatory Bail Granted –NDPS–Recovery of 1800 tablets from a plastic bag allegedly thrown away by petitioner while escaping the police—Held; Petitioner was not arrested at the spot and is not stated to be a previous convict and has already joined investigation—

By | October 11th, 2019|Anticipatory Bail|

Comments Off on Anticipatory Bail Granted –NDPS–Recovery of 1800 tablets from a plastic bag allegedly thrown away by petitioner while escaping the police—Held; Petitioner was not arrested at the spot and is not stated to be a previous convict and has already joined investigation—

Anticipatory Bail—Concurrent Jurisdiction of Courts—Unless there is some extraordinary or exceptional circumstance, the accused should not move directly in the High Court—In normal course, accused should approach the Court of Sessions Judge first. Anticipatory Bail—Concurrent Jurisdiction of Courts—It cannot be held that once the High Court has been approached then High Court has to in all cases exercise its power and adjudicate the matter—High Court has power to ask the accused to approach the Sessions Court first

By | October 2nd, 2019|Anticipatory Bail|

Comments Off on Anticipatory Bail—Concurrent Jurisdiction of Courts—Unless there is some extraordinary or exceptional circumstance, the accused should not move directly in the High Court—In normal course, accused should approach the Court of Sessions Judge first. Anticipatory Bail—Concurrent Jurisdiction of Courts—It cannot be held that once the High Court has been approached then High Court has to in all cases exercise its power and adjudicate the matter—High Court has power to ask the accused to approach the Sessions Court first

September 2019

Anticipatory Bail-Second Petition- Changed Circumstances—Contention that first application was rejected on incorrect facts-Held; In any case, the earlier order was passed in presence of counsel for the petitioner and if any incorrect facts had been mentioned, the same should have been brought to the notice of the Court there and then-Second petition dismissed in absence of any changed circumstances.

By | September 17th, 2019|Anticipatory Bail|

Comments Off on Anticipatory Bail-Second Petition- Changed Circumstances—Contention that first application was rejected on incorrect facts-Held; In any case, the earlier order was passed in presence of counsel for the petitioner and if any incorrect facts had been mentioned, the same should have been brought to the notice of the Court there and then-Second petition dismissed in absence of any changed circumstances.

Held; prosecution story appears to be improbable—Since entire recovery has already been made custodial interrogation of petitioner is not necessary—Anticipatory bail granted

By | September 17th, 2019|Anticipatory Bail|

Comments Off on Held; prosecution story appears to be improbable—Since entire recovery has already been made custodial interrogation of petitioner is not necessary—Anticipatory bail granted

July 2019

Anticipatory Bail-Grant of— Once an apprehension of arrest exits than the person has a valid reason to approach the competent Court for grant of pre-arrest bail but in case a person is already in custody, the provisions of Section 438 Cr.P.C. has no application.

By | July 29th, 2019|Anticipatory Bail|

Comments Off on Anticipatory Bail-Grant of— Once an apprehension of arrest exits than the person has a valid reason to approach the competent Court for grant of pre-arrest bail but in case a person is already in custody, the provisions of Section 438 Cr.P.C. has no application.

Murder-Anticipatory Bail-Submisssion that incident happened more than 5 years ago and now without there being any requirement for custodial interrogation would be harsh—   Without commenting on merits anticipatory bail granted

By | July 23rd, 2019|Anticipatory Bail|

Comments Off on Murder-Anticipatory Bail-Submisssion that incident happened more than 5 years ago and now without there being any requirement for custodial interrogation would be harsh—   Without commenting on merits anticipatory bail granted

Rape—Anticipatory—Bail—Contention that petitioner had issued notice u/s 138 N.I. Act to complainant and in counter blast to that present complaint has been filed—Debatable issues arises over counter allegations—Bail granted-

By | July 7th, 2019|Anticipatory Bail|

Comments Off on Rape—Anticipatory—Bail—Contention that petitioner had issued notice u/s 138 N.I. Act to complainant and in counter blast to that present complaint has been filed—Debatable issues arises over counter allegations—Bail granted-

June 2019

May 2019

March 2019

Outraging modesty of woman-Anticipatory Bail-Complainant alleged that she used to receive unsolicited calls from mobile phone and sender used to harass her repeatedly—Held; from the messages screened during investigation nothing indecent or obscene had come out-Bail granted-

By | March 13th, 2019|Anticipatory Bail|

Comments Off on Outraging modesty of woman-Anticipatory Bail-Complainant alleged that she used to receive unsolicited calls from mobile phone and sender used to harass her repeatedly—Held; from the messages screened during investigation nothing indecent or obscene had come out-Bail granted-

Abetment to Suicide-Dowry Death–Anticipatory Bail-Addition of Charge-Petitioner already on bail for offence u/ s 306 IPC-Prosecution has moved an application for addition of charge u/s 304-B IPC which is yet to be decided-Held; to sub-serve ends of justice directions issued to trial court that in case of addition of offence u/s 304-B IPC petitioner be released on bail

By | March 10th, 2019|Anticipatory Bail|

Comments Off on Abetment to Suicide-Dowry Death–Anticipatory Bail-Addition of Charge-Petitioner already on bail for offence u/ s 306 IPC-Prosecution has moved an application for addition of charge u/s 304-B IPC which is yet to be decided-Held; to sub-serve ends of justice directions issued to trial court that in case of addition of offence u/s 304-B IPC petitioner be released on bail

February 2019

Anticipatory Bail— SCST—Neither caste of the petitioner nor of accused has been mentioned in FIR–Whatever altercation or occurrence has occurred, that has taken place in the house, not at a public place—Bail granted

By | February 28th, 2019|Anticipatory Bail|

Comments Off on Anticipatory Bail— SCST—Neither caste of the petitioner nor of accused has been mentioned in FIR–Whatever altercation or occurrence has occurred, that has taken place in the house, not at a public place—Bail granted

Illicit Liquor—Anticipatory Bail—Recovery of 91 bottles of illicit liquor from a plastic can were recovered—Present petitioner was not apprehended from the spot-Only secret information was against him -He is not required for custodial interrogation—Bail granted

By | February 27th, 2019|Anticipatory Bail|

Comments Off on Illicit Liquor—Anticipatory Bail—Recovery of 91 bottles of illicit liquor from a plastic can were recovered—Present petitioner was not apprehended from the spot-Only secret information was against him -He is not required for custodial interrogation—Bail granted