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Search Results for "same court cannot cancel bail"

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High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. The right to default bail under Section 167(2) CrPC is an indefeasible right that accrues when the investigation is not completed within the prescribed period, and the accused is entitled to be released on bail if the charge sheet is not filed within that period.

4 Mar 2025

The petitioner, Moulali S/o Babajan Challal, was arrested in connection with offences punishable under Sections 376(2)(n), 506 of the Indian Penal Cod...

Supreme Court

Supreme Court Cancels Bail in Multi-Crore Deposit Scam Case Due to Prima Facie Evidence of Complicity and Money Trail. The Court found that the High Court erred in granting bail to an accused who was a major beneficiary of the fraud, as evidenced by witness statements and forensic audit reports.

20 Sep 2024

The Supreme Court allowed an appeal by depositors against the grant of bail to respondent no.1, Vitthal Damuji Meher, in connection with a large-scale...

Supreme Court

Supreme Court Sets Aside Suspension of Sentence in Acid Attack Case Due to Non-Application of Mind. High Court's Order Based on Compensation Offer and Incarceration Period Held Insufficient Under Section 389 CrPC.

1 Jan 2024

The Supreme Court allowed the appeals filed by the victim of an acid attack, challenging the suspension of sentence and grant of bail to five convicts...

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

Bombay High Court Quashes Cancellation of Bail by Same Court - Sessions Court Cannot Cancel Its Own Bail Order Under Section 439(2) CrPC. The court held that the Additional Sessions Judge lacked jurisdiction to cancel its own bail order, as only a higher court can exercise such power.

20 Aug 2022

The petitioner, Ravindra s/o Mansingh Jadhav, was granted bail by the Additional Sessions Judge, Aurangabad on 10.06.2022 in Criminal Bail Application...

Supreme Court

Supreme Court Sets Aside Bail Granted to Accused in Lakhimpur Kheri Violence Case. The Court Held That the High Court Erred in Granting Bail by Overlooking the Gravity of the Offence and the Victim's Right to Be Heard Under Section 2(wa) Cr.P.C.

26 Apr 2022

The Supreme Court set aside the bail granted by the Allahabad High Court to Ashish Mishra @ Monu, the main accused in the Lakhimpur Kheri violence cas...

Supreme Court

Supreme Court Quashes Bail Order in SC/ST Act Case Due to Non-Compliance with Victim's Right to Hearing. High Court's failure to issue mandatory notice to complainant under Section 15A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, before granting bail vitiates the order, necessitating remand for fresh consideration.

29 Oct 2021

The dispute arose from a criminal appeal concerning the grant of bail to an accused in a case involving murder and offences under the Scheduled Castes...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Murder Case Due to Erroneous High Court Order. High Court's Reliance on Incomplete Investigation Report Under Section 173 CrPC at Anticipatory Bail Stage Was Impermissible, and Anticipatory Bail Should Not Be Granted in Serious Offences Like Murder Under Section 302 IPC Without Cogent Reasons.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions challenging judgments of the High Court of Madhya Pradesh, whic...

High Court

Bombay High Court Allows Criminal Application Seeking Directions Under Section 438(4) Cr.P.C. (Maharashtra Amendment) to Prevent Arrest Upon Rejection of Anticipatory Bail. Court Holds That Interim Protection Must Be Extended for Reasonable Time to Enable Accused to Approach High Court Under Concurrent Jurisdiction.

21 Aug 2021

The applicant, Dr. Sameer Narayanrao Paltewar, a neuro surgeon, filed a criminal application before the Bombay High Court seeking directions regarding...

High Court

High Court of Karnataka Dismisses State's Petition to Cancel Bail in POCSO Case — No Supervening Circumstances or Misuse of Bail Established. Cancellation of bail under Section 439(2) Cr.P.C. requires supervening circumstances or misuse of liberty, not mere disagreement with the bail order.

3 Mar 2016

The State of Karnataka, represented by the Arkalgud Police, filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) be...

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