Search Results for "Section 436 CrPC"

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Search Results for "Section 436 CrPC"

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High Court

Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence.

28 Aug 2020

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 ...

High Court

Bombay High Court Dismisses Petition Against Magistrate's Direction to Surrender for Newly Added Non-Bailable Offence. Direction for Surrender Upheld; Application under Section 437(5) CrPC Not Maintainable When Original Bail Was Under Section 436 CrPC.

15 Nov 2021

The petitioner was accused in FIR No. 43 of 2021 registered at APMC Police Station, Vashi, for offences under Sections 304(A), 279, 337, 338 and 427 o...

High Court

High Court Sets Aside Magistrate's Process Order in Matrimonial Offence Case Due to Lack of Judicial Application of Mind. Magistrate's Order Issuing Process Under Sections 498A, 406 read with Section 34 IPC Quashed as Mechanical, Matter Remanded for Reconsideration to Ensure Proper Scrutiny.

23 Mar 2026

The dispute arose from a criminal case initiated by the complainant, the wife, against her in-laws, the petitioners, alleging offences under Sections ...

High Court

High Court of Karnataka Grants Bail to Teacher Accused of POCSO Offences — Custodial Interrogation Not Required as Charge Sheet Filed. Bail granted under Section 439 CrPC for offences under Sections 354 and 376 IPC and Sections 4, 6, 8, 10 and 12 of POCSO Act, 2012, as further detention was not necessary.

3 Jul 2020

The petitioner, K.P. Narasimhaswamy, a government school teacher, was arrested on 30 January 2020 in connection with Crime No.12/2020 registered at Ra...

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in Rioting and Arson Case — No Prima Facie Case of Section 436 IPC Made Out. Court Held That Mere Presence at Scene Without Active Participation Does Not Attract Vicarious Liability Under Section 149 IPC for Offences Requiring Specific Intent.

2 Jul 2020

The petitioners filed three criminal petitions under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in connectio...

High Court

High Court of Karnataka Quashes Charge Sheet and Cognizance Order in NIA Case for Lack of Sanction Under Section 197 CrPC and Section 45 of PMLA. Petitioners were public servants at the time of alleged offences under IPC and Prevention of Destruction of Property Act, 1981, and the court held that prior sanction was mandatory.

29 Apr 2025

The petitioners, five police officers, were charge-sheeted by the National Investigation Agency (NIA) for offences under Sections 120B, 143, 145, 147,...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Absence of Prima Facie Case Under Sections 448, 504, 324, 323, 506 IPC — Dispute Found to be Civil in Nature with False Allegations of Criminal Trespass and Assault.

24 May 2023

The petitioners, four individuals, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the entire proceedi...

Supreme Court

Supreme Court Allows Default Bail in PC Act Case, Holds Detention Period of 60 Days Applies When Maximum Sentence is Not Explicitly at Least Ten Years. The Court Interprets 'Imprisonment for a Term Not Less Than Ten Years' in Section 167(2) CrPC to Grant Default Bail When Charge Sheet Not Filed Within 60 Days.

1 Aug 2026

These Special Leave Petitions were preferred against the order of the Gauhati High Court dated 11.01.2017 rejecting the bail application of the petiti...

High Court

High Court Quashes Criminal Proceedings Against Accused No.2 in Cheating and Forgery Case Due to Lack of Specific Allegations. Petitioner's Liability Under Sections 420, 465, 467, 468, 471, 474 IPC Read with Section 34 IPC Not Established as Complaint Failed to Attribute Any Overt Act or Criminal Intent.

14 Sep 2023

The petitioner, Rajesh Yallappa Totaganti, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. The right to default bail under Section 167(2) CrPC is an indefeasible right that accrues when the investigation is not completed within the prescribed period, and the accused is entitled to be released on bail if the charge sheet is not filed within that period.

4 Mar 2025

The petitioner, Moulali S/o Babajan Challal, was arrested in connection with offences punishable under Sections 376(2)(n), 506 of the Indian Penal Cod...

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