Search Results for "section 438 crpc"

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Search Results for "section 438 crpc"

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High Court

Bombay High Court Grants Anticipatory Bail to Accused in Cheque Bounce Case — Petitioner Allowed to Furnish PR Bond. Court holds that custodial interrogation is not warranted when the accused is willing to cooperate and the offence is bailable under Section 138 of the Negotiable Instruments Act, 1881.

30 Jun 2026

The petitioner, Shankesh Prithviraj Sanghvi, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of th...

Supreme Court

Supreme Court Grants Anticipatory Bail in Rape Case Due to Eight-Year Delay in Filing Complaint. Complainant's Facebook Post in 2018 and Failure to Approach Justice Hema Committee Weighed Against Her Credibility.

19 Nov 2024

The Supreme Court allowed an appeal against the Kerala High Court's order rejecting anticipatory bail. The appellant was accused under Sections 376 an...

Supreme Court

Supreme Court Sets Aside Onerous Conditions for Pre-Arrest Bail in Matrimonial Dispute — Conditions Must Be Compliable and Proportionate. The Court held that requiring a husband to undertake to fulfill all physical and financial needs of his wife as a condition for bail is impossible and counterproductive to reconciliation.

2 Aug 2024

The Supreme Court dealt with an appeal against an order of the Patna High Court granting provisional pre-arrest bail to the appellant-husband in a com...

High Court

Bombay High Court Grants Anticipatory Bail in Essential Commodities Act Case — Offences Under Sections 3, 7, 8, 9, 10 of the Act Held Bailable. The court held that since the primary offences under the Essential Commodities Act, 1955 are bailable, anticipatory bail can be granted even if other non-bailable offences are alleged.

10 Dec 2020

The applicants, Vikrant Angolkar (an employee of M/s Jay Anand Food Industries) and Bhimashankar Khade (a commission agent), filed anticipatory bail a...

High Court

Bombay High Court Grants Pre-Arrest Bail to Appellant in Atrocities Act Case — Offence Under Section 3(2)(va) Not Made Out as Incident Arose from Child Dispute Without Caste-Based Intent. The court held that the bar under Section 18 of the Atrocities Act does not apply when the allegations do not prima facie constitute an offence under the Act.

24 Sep 2020

The appellant, Yamunabai w/o Kundlik Suryawanshi, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Preventi...

High Court

Bombay High Court Allows Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Caste-Based Intent. Traffic Dispute Leading to Abusive Language Does Not Attract Section 3(1)(x) of SC/ST Act as Insult Was Not on Account of Caste.

10 Aug 2020

The appellant, Dada @ Anil s/o Navnath Murkute, filed a criminal appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Preventio...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in Assault Case — Addition of Section 452 IPC Held as Afterthought. The court found that the police added Section 452 IPC after the accused was granted regular bail by the Magistrate, which was an afterthought to increase the gravity of the offence.

7 Jun 2018

The applicant, Majid Nisar Khan, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, before the Bombay H...

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in Human Trafficking and Child Labour Case — Petitioners Entitled to Bail as They Are Not Required for Custodial Investigation and Have No Criminal Antecedents.

10 Apr 2015

The petitioners, accused Nos. 1 and 2 in Crime No. 288/2014 registered at Chamarajpet Police Station, Bangalore, filed a petition under Section 438 of...

High Court

Bombay High Court Grants Anticipatory Bail to Municipal Councilors in Corruption Case — No Prima Facie Case of Criminal Conspiracy Established. Court held that mere presence at a meeting does not constitute criminal conspiracy under Section 120-B IPC without evidence of prior agreement.

26 Mar 2012

The judgment concerns three criminal applications filed under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail. The appl...

High Court

Bombay High Court Grants Anticipatory Bail in SC/ST Act Cases Due to Lack of Prima Facie Intent and Procedural Lapses. Court held that mere registration of FIR under SC/ST Act does not bar anticipatory bail if no prima facie case of intentional insult or intimidation in public view is made out.

30 Nov -0001

The judgment involves two separate criminal applications for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by app...

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