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Search Results for "section 439 crpc"

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High Court

High Court of Bombay at Aurangabad Dismisses Petitions Challenging Cancellation of Bail Under Section 439(2) CrPC — Addition of Stringent Offences Under MPID Act and SC/ST Act After Grant of Bail Justified Cancellation.

20 Jul 2021

The petitioners, original accused in a criminal case, had been granted regular bail by the Sessions Court. Subsequently, the prosecution sought to add...

High Court

High Court of Karnataka Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Complaint Under Section 138 of Negotiable Instruments Act, 1881 Fails as Notice Was Not Sent to Correct Address of Accused.

14 Sep 2021

The petitioners, accused Nos.1 to 3, filed a petition under Section 482 of CrPC seeking quashment of the complaint in PCR No.107/2019 and the conseque...

High Court

High Court of Karnataka Grants Bail to Accused No.3 in Murder Case for Supplying Weapon and Motorcycle. Petitioner's role was limited to supplying weapon and motorcycle; custodial interrogation not required under Section 439 CrPC.

19 Jun 2023

The petitioner, Yuvaraj Nimbalkar, accused No.3, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking ba...

High Court

High Court of Karnataka Grants Bail to Accused in Abduction and Prostitution Case Due to Lack of Investigation and Prima Facie Evidence. The court held that without recording the victim's statement or conducting investigation, the seriousness of offences under Sections 344, 345, 347, 365, 366, 367, 368, 370(2) r/w 34 IPC cannot justify denial of bail.

31 Jul 2015

The petitioner, Siddhartha S/o Ramadas Sonkambale, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking ...

Supreme Court

Supreme Court Upholds Accused's Right to Default Bail in Pre-Charge Sheet Detention; Holds 60-Day Limit Applies Unless Offence Carries Minimum 10 Years' Imprisonment. Interpretation of 'imprisonment for a term not less than ten years' in Section 167(2) CrPC resolved in favor of personal liberty, entitling accused to statutory bail when charge sheet not filed within 60 days.

1 Jan 1970

The case arose from a petition under Article 136 of the Constitution challenging orders of the Gauhati High Court rejecting bail to the petitioner. Th...

High Court

Bombay High Court Quashes Cancellation of Bail by Same Court - Sessions Court Cannot Cancel Its Own Bail Order Under Section 439(2) CrPC. The court held that the Additional Sessions Judge lacked jurisdiction to cancel its own bail order, as only a higher court can exercise such power.

20 Aug 2022

The petitioner, Ravindra s/o Mansingh Jadhav, was granted bail by the Additional Sessions Judge, Aurangabad on 10.06.2022 in Criminal Bail Application...

High Court

Bombay High Court Dismisses Application for Cancellation of Bail in SC/ST Atrocities Case — No Supervening Circumstances or Misuse of Bail Established. The court held that cancellation of bail requires supervening circumstances or misuse of liberty, not mere re-appreciation of evidence.

28 Mar 2012

The applicant, Sanjay Dattu Kamble, the original informant, filed an application under Section 439(2) of the Criminal Procedure Code seeking cancellat...

High Court

High Court of Karnataka Grants Bail to Accused No.1 in Murder Case Due to Lack of Prima Facie Evidence of Conspiracy. The court found discrepancies in the prosecution's case and held that the petitioner, a woman, was entitled to bail under Section 439 CrPC for offences under Sections 302, 120B, and 34 IPC.

12 May 2022

The petitioner, Nethra, accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in C.C.N...

High Court

High Court of Karnataka Dismisses State's Petition to Cancel Bail in Double Murder Case — Bail Cancellation Requires Supervening Circumstances or Misuse of Liberty, Not Mere Reappreciation of Evidence. The State sought cancellation of bail granted under Section 302 IPC for double murder, but the court found no supervening circumstances.

27 Jan 2022

The State of Karnataka, through Somwarpet Police Station, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Illegal Detention and Lack of Possession of Premises. Petitioner was kept in illegal custody from 1st May 2019 and the garage from which contraband was recovered was not in his possession, weakening the case under Sections 8, 22, 23, 27A, 28, 29, 32B(a) of NDPS Act.

11 Oct 2019

The petitioner, Shivaraj Urs, accused No.2 in NCB File No.48/1/6/19/BZU, filed a criminal petition under Section 439 of the Code of Criminal Procedure...

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