Search Results for "Section 439"

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Search Results for "Section 439"

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Supreme Court

Supreme Court Lays Down Guidelines for Interim Stay of Bail Orders in Cancellation Proceedings — Power to Stay Exists but Must Be Exercised Sparingly and with Reasons. The Court held that an interim stay of a bail order pending cancellation under Section 439(2) CrPC cannot be granted mechanically and must be supported by reasons, with due regard to the accused's right to liberty under Article 21.

23 Jul 2024

The Supreme Court considered appeals against orders of the Delhi High Court that had stayed the operation of a bail order granted by the Special Court...

High Court

High Court Grants Bail to Accused in Financial Fraud Case Involving Rs. 17.5 Crore Investment — Petitioner Enlarged on Bail with Conditions. Court held that since investigation is complete and charge sheet filed, custodial interrogation is not necessary, and bail can be granted with stringent conditions under Section 439 CrPC.

10 Nov 2022

The petitioner, Shreesha Sasithota Prabhakaran, Accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, see...

High Court

High Court of Karnataka Allows Petition Under Section 482 CrPC to Quash Rejection of Surety in Murder Case. Court Directs Acceptance of Surety and Release of Accused Despite Non-Local Surety Objection.

7 Sep 2022

The petitioner, Sunil Kamble, was accused No.1 in Crime No.55/2021 registered at Mahagaon Police Station for offences punishable under Sections 302 an...

High Court

High Court Grants Bail to Police Officers Accused of Abetment to Suicide and Murder Under SC/ST Act — Prima Facie Case Not Made Out for Custodial Interrogation. Appellants, police officers, were granted bail under Section 14A(2) of SC/ST Act for offences under IPC and SC/ST Act, as the court found no prima facie case for custodial interrogation.

14 Jun 2021

The judgment pertains to two criminal appeals filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, ...

High Court

Bombay High Court Grants Bail to Accused in SC/ST Atrocity Case Due to Lack of Prima Facie Evidence of Intent to Humiliate on Caste Basis. The court held that mere use of caste-related abuses without evidence of intent to insult within public view does not attract Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act, 1989.

18 Mar 2019

The appellant, Eknath Chindha Patil, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocit...

High Court

Bombay High Court Dismisses Petition Challenging Cancellation of Bail in Abetment of Suicide Case — Petitioners' Bail Cancelled Due to Misuse of Liberty and Threatening of Witnesses. The court upheld the Sessions Court's order under Section 439(2) CrPC, finding that the petitioners had misused their bail by threatening the complainant and witnesses, thereby justifying cancellation.

12 Dec 2018

The petitioners, Ravi Narayan Gaikwad, Shakuntala Narayan Gaikwad, and Firoz Babu Shaikh, were accused in Crime No.174 of 2018 registered at Ahmedpur ...

High Court

High Court of Karnataka Grants Bail to Accused in Rape Case on Grounds of Consent and Long Acquaintance. The court held that the relationship appeared consensual and no prima facie case of rape under Section 376 IPC was made out.

25 Oct 2017

The petitioner, Basavaraj, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in Crime No.58/20...

High Court

Bombay High Court Allows Employee to Maintain Winding Up Petition as Creditor for Unpaid Salary Under Companies Act, 1956. Employee's claim for unpaid wages constitutes a debt under section 433(e) read with section 434(1)(a) of the Companies Act, 1956, entitling him to file a winding up petition as a creditor.

22 Mar 2017

The judgment addresses a reference to a larger bench of the Bombay High Court on the question whether an employee can maintain a winding up petition u...

High Court

Bombay High Court Grants Bail to Accused in Rape Case Due to Lack of Prima Facie Evidence and Delay in FIR. The court held that the prosecution failed to establish a prima facie case under Sections 376, 354, 509, 504, 201, 34 IPC, and granted bail under Section 439 CrPC.

30 Apr 2010

The applicant, John Fernandes, was accused of rape and other offenses under the Indian Penal Code. The incident allegedly occurred on December 2, 2009...

High Court

High Court of Bombay at Goa Upholds Cancellation of Anticipatory Bail in Forgery Case — MLA and BJP Secretary Accused of Fabricating Disqualification Petition. Court holds that anticipatory bail granted without notice to prosecution or consideration of relevant material is liable to be cancelled under Section 439(2) CrPC.

13 Jan 2006

The applicants, Satish Dhond and Sadanand Shet Tanavade, were accused in Crime No.15/2005 registered under Sections 465, 468, 471 read with 34 IPC at ...

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