March 2019
Permalink GalleryAbetment 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
Permalink GalleryKidnapping 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
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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
Permalink GalleryCheating–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
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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
June 2018
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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
May 2018
March 2018
February 2018
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It appears to be a case of damage having been caused to the property of the complainant and the allegations are of mere assault and trespass in furtherance of old enmity—Pre-arrest bail granted as custodial interrogation is not required in this case-Indian Penal Code, 1860, S.427, S.325 & S.455.
October 2017
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Bail–Anticipatory Bail–Grant of–It is granted at a stage when the investigation is incomplete and, therefore, it is not informed about the nature of evidence against the alleged offender–It is, therefore, necessary that such anticipatory bail orders should be of a limited duration only. Bail–Anticipatory Bail–Use of the expression ‘reason to believe’ shows that the applicant may be arrested must be founded on reasonable grounds–Mere “fear” is not ‘belief’. Bail–Anticipatory Bail–Grant of–Normally a direction should not issue to the effect that the applicant shall be released on bail “whenever arrested for whichever offence whatsoever”–Such ‘blanket order’ should not be passed. Bail–Anticipatory Bail–Grant of– Reference to particular portions of case diary–The papers which are to be supplied to the accused have been statutorily prescribed–The Courts should take serious note when the accused or the informant refers to the case diary to buttress a stand.