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|

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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|

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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|

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June 2019

Death of daughter of complainant due to LPG blast in adjacent hut—Petitioner used to charge monthly maintenance of huts—Debatable as to whether the petitioner was under any kind of statutory or contractual obligation to provide for fire extinguishers or for such like facilities in the huts constructed on land, which is stated to have been acquired—Anticipatory bail granted

By | June 29th, 2019|Anticipatory Bail|

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May 2019

Proclaimed Offender-­ Anticipatory Bail—Order declaring proclaimed offender was issued before expiration of 30 days from date of issue of proclamation—Proper procedure had not been adopted—Interim order of anticipatory bail made absolute.  

By | May 12th, 2019|Anticipatory Bail|

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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|

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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|

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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|

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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|

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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

Kidnapping of minor— Girl aged 17 years has moved out of house of her own on being enticed by petitioner—Girl has contracted marriage with petitioner—Validity and legality of marriage has not been challenged till date—Debatable question whether petitioner is lawful guardian of victim or not—Anticipatory bail granted

By | February 5th, 2019|Anticipatory Bail|

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Comments Off on Kidnapping of minor— Girl aged 17 years has moved out of house of her own on being enticed by petitioner—Girl has contracted marriage with petitioner—Validity and legality of marriage has not been challenged till date—Debatable question whether petitioner is lawful guardian of victim or not—Anticipatory bail granted

December 2018

Bail—Surrender of Passport—While granting bail or anticipatory bail, Criminal Court have to take extreme care in imposing such condition—It cannot mechanically, and in every case where an accused has a passport impose a condition for its surrender. Passport—Impounding of Passport—Police may have power to seize a passport but it does not have power to retain or impound the same, because that can only be done by the passport authority

By | December 19th, 2018|Anticipatory Bail|

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Comments Off on Bail—Surrender of Passport—While granting bail or anticipatory bail, Criminal Court have to take extreme care in imposing such condition—It cannot mechanically, and in every case where an accused has a passport impose a condition for its surrender. Passport—Impounding of Passport—Police may have power to seize a passport but it does not have power to retain or impound the same, because that can only be done by the passport authority

September 2018

Anticipatory Bail—Outraging modesty of woman—Case of version and cross version—There is no necessity for custodial interrogation—Bail granted

By | September 24th, 2018|Anticipatory Bail|

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Cheating–Criminal breach of Trust-Anticipatory Ball—Inherent Powers-Petitioner is a real estate developer and he entered into agreement to sell with various persons prior to year 2013–Failure to deliver as per agreement—Directions issued that police would first decide whether it is a civil dispute and further whether the civil dispute has become time barred by grating opportunity to the petitioners to put forward their side of case-Directed accordingly

By | September 1st, 2018|Anticipatory Bail|

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Comments Off on Cheating–Criminal breach of Trust-Anticipatory Ball—Inherent Powers-Petitioner is a real estate developer and he entered into agreement to sell with various persons prior to year 2013–Failure to deliver as per agreement—Directions issued that police would first decide whether it is a civil dispute and further whether the civil dispute has become time barred by grating opportunity to the petitioners to put forward their side of case-Directed accordingly

August 2018

Held; since the petitioners have already joined investigation, and no recovery is required to be made, there is no point in refusing the grant of anticipatory bail to them, but then the victim must be reimbursed the hospital charges-Anticipatory bail granted accordingly

By | August 15th, 2018|Anticipatory Bail|

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Comments Off on Held; since the petitioners have already joined investigation, and no recovery is required to be made, there is no point in refusing the grant of anticipatory bail to them, but then the victim must be reimbursed the hospital charges-Anticipatory bail granted accordingly

Father of deceased had sworn affidavit that death was natural-Police has started investigation on basis of an anonymous letter that appellant had extra material affair and had took advantage of his profession-Held; appellant has already joined investigation-High Court ought to have granted anticipatory bail in view of statement of father of deceased-Ordered accordingly-Criminal Procedure Code, 1973, S.438.

By | August 10th, 2018|Anticipatory Bail|

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Comments Off on Father of deceased had sworn affidavit that death was natural-Police has started investigation on basis of an anonymous letter that appellant had extra material affair and had took advantage of his profession-Held; appellant has already joined investigation-High Court ought to have granted anticipatory bail in view of statement of father of deceased-Ordered accordingly-Criminal Procedure Code, 1973, S.438.

July 2018

Anticipatory Bail—Question referred to larger bench whether the protection should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail.

By | July 29th, 2018|Anticipatory Bail|

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June 2018

It is a case of version and cross-version and it is to be determined by the trial Court on basis of evidence as to who is the aggressor party—Anticipatory bail granted, 

By | June 2nd, 2018|Anticipatory Bail|

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Criminal Procedure Code; 1973, S.438–Anticipatory Bail-Rash & Negligent Driving- Co-accused was driving the car, he tried to hit police officer and fled away from the spot officer leaving the car there—Petitioner was accompanying the co-accused- -She has already joined the investigation

By | June 2nd, 2018|Anticipatory Bail|

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Comments Off on Criminal Procedure Code; 1973, S.438–Anticipatory Bail-Rash & Negligent Driving- Co-accused was driving the car, he tried to hit police officer and fled away from the spot officer leaving the car there—Petitioner was accompanying the co-accused- -She has already joined the investigation

Narcotic Drugs & Psyehotropic Substances Act, 1985, S.21 –Anticipatory Bail— Narcotics—Recovery of heroin from co-accused persons

By | June 2nd, 2018|Anticipatory Bail|

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