Search Results for "section 439 crpc"

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Search Results for "section 439 crpc"

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High Court

Karnataka High Court Grants Bail to Accused in DJ Halli Mob Lynching Case Citing Parity and No Prima Facie Involvement in Murder. Petitioners accused of rioting and arson under Sections 435, 436 IPC and SC/ST Act granted bail as co-accused similarly placed were already enlarged on bail.

23 Nov 2020

The judgment pertains to two criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail for the petitioner...

High Court

Bombay High Court Quashes Cancellation of Bail in Criminal Breach of Trust Case — Non-Compliance with Section 41A CrPC Notice Not a Ground for Cancellation. Magistrate's Bail Order Restored as Sessions Court Erred in Cancelling Bail Without Supervening Circumstances Under Section 439(2) CrPC.

5 Feb 2019

The petitioner, Pankaj Jivdhar Katke, was an accused in Crime No. 405 of 2018 registered at MIDC Waluj Police Station for offences under Sections 408,...

High Court

High Court of Karnataka Dismisses Successive Bail Petition in Murder Case Due to No Change in Circumstances. Accused No.2 charged under Sections 302, 307, 326 read with 149 IPC and Arms Act denied bail as earlier rejection was on merits and no new grounds were shown.

7 Dec 2022

The petitioner, Jiya @ Isubu Shiyad @ Jiyas, filed a successive bail petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) before ...

Supreme Court

Supreme Court Quashes Bail Order in Companies Act Case, Clarifying Statutory Bail Under Section 167(2) CrPC. The Court held that filing of complaint before expiry of prescribed period extinguishes right to statutory bail, regardless of cognizance being taken, under Section 167(2) of Code of Criminal Procedure, 1973.

7 Feb 2022

The Supreme Court heard an appeal by the Serious Fraud Investigation Office (SFIO) against a bail order dated 31.05.2019 passed by the High Court of P...

High Court

Bombay High Court Grants Bail to Accused in POCSO and Atrocities Act Case Due to Long Incarceration and Filing of Charge-Sheet. The court held that continued detention of the appellant for about 2 years and 9 months without trial was not justified, and granted bail under Section 439 CrPC read with Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989.

21 Jul 2023

The appellant, Kishor Shivdas Shinde, was the original accused in Sessions Case No.52 of 2020 pending before the Special Judge under the Atrocities Ac...

High Court

Bombay High Court Grants Bail to POCSO Accused on Ground of Long Incarceration and Violation of Right to Speedy Trial Under Article 21. Applicant incarcerated for 3 years 10 months with only one witness examined; court held that right to speedy trial under Article 21 is violated and granted bail with stringent conditions.

16 Oct 2024

The applicant, Digambar Uddhav Supekar, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in ...

High Court

Bombay High Court Cancels Bail of Accused in Tiger Poaching Case Under Wild Life (Protection) Act, 1972 — Accused Found to Be Financier and Key Link in Transnational Wildlife Trafficking.

12 Dec 2014

The State of Maharashtra (Forest Department) filed an application under Section 439(2) of the Criminal Procedure Code, 1973 seeking cancellation of ba...

High Court

High Court of Karnataka Grants Bail to Accused No.5 in Murder Case on Parity with Co-Accused Who Were Not Assailants. The Court held that since the petitioner's role of providing protection was identical to that of co-accused Nos.6 and 7 who were granted bail, the petitioner was entitled to bail under Section 439 CrPC.

1 Jul 2020

The petitioner, Abhishek @ Abhi, accused No.5 in Crime No.172/2019 registered at Ulsoor Police Station, Bengaluru, for offences punishable under Secti...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

Supreme Court

Supreme Court Sets Aside Onerous Bail Conditions in Property Dispute Case — Directs Removal of Wall and Handing Over Possession Exceeded Jurisdiction Under Section 439 CrPC. The High Court's order to remove a wall and hand over possession of disputed property to the complainant was held to be beyond the scope of bail proceedings and unrelated to ensuring the accused's presence during trial.

18 Nov 2024

The Supreme Court considered an appeal against an order of the Madhya Pradesh High Court granting bail to the appellants subject to conditions includi...

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