Search Results for "section 438 crpc"

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Supreme Court Quashes Bail Order in Murder Conviction Appeal Due to Lack of Exceptional Circumstances. High Court Erred in Granting Suspension of Sentence Under Section 389 CrPC Without Considering Serious Nature of Offence Under Section 302 IPC and Trial Court Findings.

The dispute arose from a criminal appeal filed by the informant, challenging the High Court's order that suspended the life sentence and granted bail ...

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Bombay High Court Grants Anticipatory Bail to Accused in Fatal Hit-and-Run Case Due to Lack of Prima Facie Evidence of Knowledge Under Section 304 IPC. The court held that the blood alcohol level was within permissible limits under Section 185 MV Act and that custodial interrogation was not required.

The applicant, a female MBA graduate and businesswoman, sought anticipatory bail under Section 438 CrPC in connection with a fatal hit-and-run acciden...

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High Court of Karnataka Quashes Criminal Proceedings Against 37 Accused in SC/ST Atrocities Case Due to Lack of Sanction Under Section 197 CrPC — Allegations of Caste-Based Abuse and Assault Found to Be Vague and Not in Public View.

The petitioners, 37 individuals, filed a petition under Section 482 CrPC seeking quashing of criminal proceedings in Crime No. 123/2020 registered at ...

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Supreme Court Dismisses Petition for Transfer of Investigation in Rape Case Against IPS Officer. Investigation by Crime Branch allowed to continue as charge-sheet already filed and no bias established.

The petitioner, a woman, filed a writ petition seeking transfer of investigation from Delhi Police to an independent central agency in connection with...

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Supreme Court Quashes FIR Against Appellants in Forgery Case for Clerical Error in Vakalatnama. High Court's Direction to Lodge Complaint Set Aside for Lack of Satisfaction Under Section 340 CrPC.

The case arises from a criminal appeal against the judgment of the Madurai Bench of Madras High Court dated 14.09.2016, which dismissed the anticipato...

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Bombay High Court Cancels Anticipatory Bail Granted Without Reasons in Cooperative Society Misappropriation Case. Sessions Court Order Set Aside Under Section 482 CrPC for Non-Application of Mind in Granting Pre-Arrest Bail to Chairman Accused of Defalcation of Rs.7 Crores and 7 Kg Gold.

The High Court of Bombay at Nagpur took suo motu cognizance of an order passed by the Additional Sessions Judge, Bhandara, granting anticipatory bail ...

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Bombay High Court Quashes Anticipatory Bail in SC/ST Atrocity Case — Caste-Based Insult Alleged in Public View. Section 18 of SC/ST Act Bars Anticipatory Bail Where Prima Facie Case Exists Under Section 3(1)(x).

The petitioner, Jyoti Deorao Mhaske, a woman belonging to the Mang caste (a Scheduled Caste), filed a complaint alleging that on 23 February 2011, whi...

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Bombay High Court Grants Bail to Accused in Rape Case Due to Lack of Prima Facie Evidence and Delay in FIR. The court held that the prosecution failed to establish a prima facie case under Sections 376, 354, 509, 504, 201, 34 IPC, and granted bail under Section 439 CrPC.

The applicant, John Fernandes, was accused of rape and other offenses under the Indian Penal Code. The incident allegedly occurred on December 2, 2009...