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Search Results for "section 438 crpc"

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High Court

Gujarat High Court Allows State's Revision and Restores Confiscation of Kerosene Under Essential Commodities Act. Appellate Court Cannot Substitute Its Own Satisfaction for That of Confiscating Authority Under Section 6A of the Essential Commodities Act, 1955.

23 Mar 2026

The State of Gujarat filed a criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (correspond...

High Court

Gujarat High Court Dismisses Revision Against Probation Granted to Accused in Assault Case — No Error Found in Sessions Judge's Order. Benefit of Probation under Section 4 of Probation of Offenders Act, 1958 upheld for accused convicted under Sections 323, 324, 504, 506(2), 114 IPC and Section 135 of B.P. Act.

10 Mar 2026

The applicant, original complainant, filed a criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, ...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in Cheating Case — No Custodial Interrogation Required as Charge-Sheet Filed. Court holds that when charge-sheet is filed and accused have cooperated, custodial interrogation is not necessary, and anticipatory bail can be granted under Section 438 CrPC.

17 Sep 2025

The applicants, Rupali Bapurao Jadhav and Bapurao Bhanudas Jadhav, filed an anticipatory bail application under Section 438 of the Code of Criminal Pr...

Supreme Court

Supreme Court Grants Bail to Former Minister in PMLA Case Due to Prolonged Incarceration and Delay in Trial. Right to Speedy Trial Under Article 21 Prevails Over Twin Conditions Under Section 45 PMLA Where Trial of Scheduled Offences is Unlikely to Conclude in Near Future.

15 Oct 2024

The appellant, V. Senthil Balaji, a former Transport Minister of Tamil Nadu, was arrested on 14 June 2023 by the Enforcement Directorate (ED) in conne...

High Court

High Court of Karnataka Grants Bail to Accused in POCSO and SC/ST Act Case — Petitioner Enlarged on Bail with Conditions. Court Held That Petitioner Is Entitled to Bail Under Section 439 CrPC for Offences Under Sections 448, 504, 305 IPC, Section 12 POCSO Act, and Section 3(2)(va) SC/ST Act.

11 Oct 2023

The petitioner, Somashekar, was the accused in Spl.C.No.279/2023 pending before the Additional District and Sessions Judge, FTSC-I, Hassan, for offenc...

Supreme Court

Supreme Court Upholds Conviction and Death Penalty in Child Rape and Murder Case Based on Circumstantial Evidence. The prosecution proved guilt beyond reasonable doubt under Sections 363, 366, 376(2)(i), 377, 201, 302 read with Section 376A of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, with death penalty confirmed under Section 366 of the Code of Criminal Procedure, 1973.

14 Dec 2021

The Supreme Court of India heard criminal appeals challenging the conviction and death penalty imposed on the appellant for offences including kidnapp...

Supreme Court

Supreme Court Directs High Court Registry to Number Anticipatory Bail Petition Despite SC/ST Act Bar — Registry Cannot Decide Maintainability as It Is a Judicial Function. The Court held that the administrative act of numbering cannot be refused on grounds of maintainability, which requires judicial application of mind, and directed the Madras High Court to number the petition and place it before an appropriate bench.

29 Mar 2019

The petitioner, P. Surendran, was arrayed as an accused in Crime No. 937 of 2017 registered at PS Pallikaranai, Kancheepuram District, Tamil Nadu, for...

High Court

Bombay High Court Allows Anticipatory Bail to Accused in Dowry Prohibition Act Case — FIR Found Motivated by Previous Criminal Complaint. The court held that custodial interrogation was not required and granted bail under Section 438 CrPC, noting the FIR appeared to be a counterblast to a prior complaint filed by appellant No.1.

31 Oct 2018

The appellants, Sunil Namdevrao Thombre (Bavdhankar), Namdev Saibu Thombre, and Chabutai Namdev Thombre, filed an appeal against the order dated 05.09...

High Court

Bombay High Court Grants Anticipatory Bail to In-Laws in Dowry Case — General Allegations Insufficient to Justify Custodial Interrogation. Applicants, who were not residing with the complainant, were granted pre-arrest bail under Section 438 CrPC as the court found no prima facie case for custodial interrogation.

28 Nov 2017

The applicants, Dr. Suvarna Patil and Dr. Dnyaneshwar Patil, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking a...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in Murder Case Due to Lack of Intent and Weapon Use. The court held that absence of criminal antecedents, sudden quarrel, and no weapon used justified pre-arrest bail under Section 438 CrPC for offence under Section 302 IPC.

10 Jan 2017

The applicant, Ganesh Sitaram Gawari, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, in connection ...

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