Search Results for "CrPC Section 439"

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Search Results for "CrPC Section 439"

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Supreme Court

Supreme Court Allows Appeal by Prison Authorities Against High Court's Set-Off Order Due to Improper Exercise of Inherent Powers. High Court Erred in Entertaining Petition Under Section 482 CrPC When Statutory Appeal Remedy Under Section 374(2) CrPC Was Available, Reversing Grant of Set-Off Under Section 428 CrPC for Remand Periods.

22 Apr 2025

The appeal was filed by the Superintendent of Prison and Inspector of Police against a judgment of the High Court of Judicature at Madras dated 11.09....

High Court

Protecting the Fundamental Right to Liberty under Article 21. Illegal Arrest of a Decorated Police Officer: Bombay High Court Awards Compensation for Violation of Fundamental Rights.

25 Nov 2024

The Bombay High Court, in the case of Sambhaji Achyutrao Patil v. State of Maharashtra & Ors., addressed the illegal arrest and detention of a se...

Supreme Court

Supreme Court Modifies Bail Conditions for Foreign Accused in NDPS Case: Embassy Certificate Condition Unworkable, GPS Tracking Violates Article 21. The court held that alternative conditions such as impounding passport and periodic reporting are sufficient to secure the accused's presence.

8 Jul 2024

The appellant, a Nigerian national, was arrested on 21st May 2014 for offences under Sections 8, 22, 23, and 29 of the Narcotic Drugs and Psychotropic...

High Court

Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

24 Apr 2024

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

Supreme Court

Supreme Court Allows CBI Appeal Against Grant of Default Bail in Bank Fraud Case Under Prevention of Corruption Act and IPC. The Court Held That a Chargesheet Filed Under Section 173(2) Cr.P.C. Is Complete Even if Further Investigation is Pending Under Section 173(8), and the Right to Default Bail Under Section 167(2) Ceases Upon Filing of Such Chargesheet and Cognizance.

24 Jan 2024

The appeal arose from a challenge by the CBI against orders of the Special Court and High Court granting default bail to respondents Kapil Wadhawan an...

Supreme Court

Supreme Court Sets Aside High Court Bail Orders in Murder Case Due to Lack of Reasoning and Failure to Consider Gravity of Offence. The Court held that bail orders must contain prima facie reasons and consider societal concerns, especially in serious offences under Sections 302, 201, and 34 IPC, and remanded the matter for fresh bail consideration.

11 Mar 2022

The appeals were filed by the wife of the deceased challenging bail orders granted by the High Court of Rajasthan to two accused persons in a murder c...

High Court

High Court of Karnataka Dismisses Petition to Cancel Bail of Accused in Sexual Assault Case — No Violation of Bail Conditions Established. Bail granted under Section 439 CrPC cannot be cancelled under Section 439(2) CrPC without evidence of breach of conditions or misuse of liberty.

5 Feb 2020

The petitioner, K Lenin @ Sri Nithya Dharmananda, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) seekin...

Supreme Court

Supreme Court Sets Aside Bail Granted by High Court in Murder Case Due to Non-Application of Mind. The High Court failed to consider prima facie evidence of 27 injuries and eye-witness statement under Section 439 CrPC, rendering the bail order illegal.

9 Aug 2019

The case arises from a judgment of the Rajasthan High Court granting bail to the first respondent, Rajesh Kumar @ Polia, and four other accused person...

High Court

High Court of Karnataka Grants Bail to Nigerian National Accused of Rape and Criminal Intimidation, Subject to Conditions Including Deposit of Passport and Reporting to Police. Court Held That While Prima Facie Case Exists, Stringent Conditions Can Mitigate Risk of Absconding Under Section 439 CrPC.

18 Feb 2016

The petitioner, Christian Chidieere Chukwu, a Nigerian national, filed a bail application under Section 439 CrPC in Crime No.602/15 registered by K.R....

High Court

High Court of Karnataka Hears Appeals Against Single Judge Order on Maintainability of Private Complaints Against Public Servants Under the Prevention of Corruption Act. The Single Judge Had Ruled That the Karnataka Lokayukta Act Does Not Expressly Exclude the Operation of Alternative Measures and There Is No Repugnancy With the Code of Criminal Procedure.

29 Nov 2013

The case originated from private complaints filed by the respondent, Sirajin Basha, against the appellant, B.S. Yeddyurappa, a former Chief Minister o...

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