Search Results for "section 439 crpc"

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Supreme Court Allows Appeal for Cancellation of Bail in Murder Conviction Case Due to Subsequent Offence and Judicial Pressure. Bail revocation sought under Section 389(1) CrPC based on new FIR alleging murder and prior convictions, with court noting judicial officer's pressure from police and accused.

The appeal arose from an order of the High Court of Madhya Pradesh dated 23 July 2019, which declined to entertain applications for cancellation of ba...

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High Court of Karnataka Grants Bail to Parents in Child Marriage and Abetment to Suicide Case — No Prima Facie Case of Instigation. Court held that mere marriage of minor daughter does not constitute abetment to suicide under Section 306 IPC, and parents are entitled to bail under Section 439 CrPC.

The petitioners, Honnesh and Pushpa (in Crl.P.No.2807/2020) and Varadaraja and Vanajakshi (in Crl.P.No.2820/2020), are parents of a deceased minor gir...

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Supreme Court Sets Aside Bail in Dowry Death Case Due to Lack of Judicial Reasoning. High Court's mechanical grant of bail without evaluating seriousness of allegations under Section 304-B IPC and Section 113-B Evidence Act was held impermissible, requiring reasoned orders in such serious offences.

The appeal arose from a bail order dated 1 December 2020 passed by a Single Judge of the Allahabad High Court in Criminal Miscellaneous Bail Applicati...

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Supreme Court Quashes High Court Order Directing Narco-Analysis Test of Accused in Bail Proceeding, Finding It Violative of Article 20(3) and 21. High Court Cannot Order Involuntary Investigative Techniques While Considering Bail Under Section 439 CrPC.

The Supreme Court heard an appeal arising from an interim order of the Patna High Court in a bail application. The appellant, Amlesh Kumar, was accuse...

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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.

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...

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Supreme Court Quashes FIR Against Bank Officials in Income Tax Restraint Order Violation Case — Lack of Mens Rea and Criminal Intent Established. Bona fide mistake in interpreting revocation order does not attract criminal liability under IPC Sections 406, 409, 420, 120B.

The Supreme Court allowed the appeal filed by HDFC Bank Ltd. against the judgment of the Patna High Court which had dismissed the bank's petition unde...

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Supreme Court Quashes Criminal Proceedings in Company Dispute Under Companies Act and IPC -- Civil Nature and Statutory Bar Upheld

The Supreme Court allowed criminal appeals filed by Yerram Vijay Kumar and Rajeev Kumar Agarwal against the State of Telangana and others, quashing cr...

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High Court of Karnataka Grants Default Bail to Accused in NDPS Case Despite Cognizance. Right to Default Bail Under Section 167(2) Cr.P.C. is Indefeasible and Not Extinguished by Filing of Charge Sheet or Taking of Cognizance Under Section 36A NDPS Act.

The petitioner, Shivaraj Urs, accused No.2 in Special CC No.1197/2019 pending before the Special Judge for NDPS cases, Bengaluru, filed a criminal pet...