Search Results for "section 439 crpc"

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Search Results for "section 439 crpc"

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High Court

Bombay High Court Allows Bail Under Section 437(6) CrPC for Trial Delay Beyond 60 Days — Accused Entitled to Default Bail Despite Seriousness of Offence. The court held that Section 437(6) CrPC is mandatory and once the statutory period expires without trial conclusion and accused not at fault, bail must be granted.

19 Jul 2022

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered at Gadchiroli Police Station for offences under Sections ...

High Court

Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

10 Apr 2024

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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...

High Court

High Court of Karnataka Grants Bail to Accused in Murder Case Under Section 302 IPC — Prima Facie Case Not Made Out as Evidence Points to Single Assailant and No Recovery from Petitioner. The court held that the absence of recovery of weapon from the petitioner and non-conduct of test identification parade weighed in favor of granting bail under Section 439 CrPC.

25 Nov 2020

The petitioner, Kirankumar @ Kulla Kiran, accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) ...

High Court

High Court Grants Bail to Accused No.21 in KCOCA Case Due to Lack of Prima Facie Evidence of Conspiracy and Long Incarceration. The court held that mere association with co-accused without specific overt acts does not constitute conspiracy under Section 120B IPC, and prolonged detention without trial violates Article 21.

30 Jun 2022

The petitioner, Mahantesh, was accused No.21 in Crime No.72/2020 of Gokak Town Police Station, registered for offences under Sections 109, 115, 166, 2...

High Court

High Court of Judicature at Bombay Quashes Direction to Expedite Extradition as Beyond Bail Jurisdiction. Court Finds Additional Sessions Judge Lacked Inherent Power to Order Return of Accused Under Extradition Act, 1962.

5 Oct 2006

The applicant, the first informant in a criminal case, filed a criminal application before the High Court of Judicature at Bombay under Sections 482 a...

High Court

High Court of Karnataka Dismisses Successive Bail Petition in Murder Case — Petitioner Not Named in FIR or Hospital History, but Eye-Witness Statement and Charge-Sheet Implicate Him. The court held that the earlier bail petition was dismissed on merits and the new grounds raised were not sufficient to grant bail under Section 439 CrPC.

16 Jan 2023

The petitioner, Abdul Majeed, filed a successive bail petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking enlargement on...

High Court

High Court of Karnataka Adjudicates Writ Petitions Challenging Constitutional Validity of Sections 212(6) and 217 of Companies Act, 2013 and Cognizance Order. Petitioners sought declaration that sections unconstitutional and quashing of arrest warrants issued by the Special Court in SFIO complaint.

15 Apr 2024

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Supreme Court

Supreme Court Sets Aside Bail in Public Examination Scam Case — High Court Order Quashed for Ignoring Gravity of Offence. Bail granted to accused in Rajasthan Public Examination (Prevention of Unfair Means) Act case set aside due to failure to consider seriousness of tampering with recruitment examination.

8 May 2024

The Supreme Court heard appeals by the State of Rajasthan against the High Court's order granting bail to Indraj Singh and Salman Khan, accused in a p...

High Court

High Court of Karnataka Grants Bail to Accused in Theft and Arms Act Case — Petitioner Enlarged on Bail with Conditions. Custodial interrogation not required as petitioner is permanent resident with no criminal antecedents; bail granted under Section 439 CrPC for offences under Sections 380, 457, 458, 382, 201 IPC and Section 25(1-A) Arms Act.

3 Aug 2021

The petitioner, Santosh S/o Hari Kadam, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking to set aside the ...

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