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Search Results for "section 438 crpc"

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Supreme Court

Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

3 Sep 2024

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

Supreme Court

Supreme Court Allows Anticipatory Bail in SC/ST Act Case — No Prima Facie Case Under Sections 3(1)(r) and 3(1)(u) as Allegations Lack Intent to Humiliate on Caste Grounds. The Court held that mere knowledge of caste identity and critical remarks against a public figure do not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 without specific intent to humiliate on caste basis.

21 Aug 2024

The appellant, Shajan Skaria, the editor of an online news channel 'Marunandan Malayali', published a YouTube video on 24.05.2023 levelling allegation...

Supreme Court

Supreme Court Directs Compliance with Bail Guidelines and Judicial Reforms in Monitoring Proceeding. The Court issued specific directions to States, Union Territories, CBI, and High Courts for implementing bail guidelines under Sections 41 and 41-A of CrPC, creating Special Courts, and updating judicial training as per Satender Kumar Antil v. Central Bureau of Investigation and related orders.

13 Feb 2024

The Supreme Court, in a monitoring proceeding, addressed compliance with its earlier judgment in Satender Kumar Antil v. Central Bureau of Investigati...

High Court

Bombay High Court Holds Anticipatory Bail Application Maintainable Despite Applicant's Custody in Another Crime. Section 438 CrPC Does Not Bar a Person Already Arrested in a Different Case from Seeking Pre-Arrest Bail.

31 Oct 2023

The applicant, Amar S. Mulchandani, filed an anticipatory bail application under Section 438 CrPC in connection with C.R.No.806 of 2019 registered at ...

Supreme Court

Supreme Court Allows Appeal Against Deposit Condition in Anticipatory Bail — Pre-Arrest Bail Cannot Be Used as Recovery Mechanism Under Section 438 CrPC in Cheating Case Under Section 420 IPC.

4 Jul 2023

The Supreme Court addressed a recurring issue where courts, while granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973...

High Court

Bombay High Court Holds Juvenile Cannot File Anticipatory Bail Under Section 438 CrPC; Remedy Lies Under Juvenile Justice Act. The JJ Act is a complete code providing for bail provisions for children in conflict with law, and Section 438 CrPC is not available to them.

15 Jul 2022

The case involved a reference to a Division Bench of the Bombay High Court to decide whether a juvenile in conflict with law can file an application f...

Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

Supreme Court

Supreme Court Allows Anticipatory Bail to Mother-in-Law in Triple Talaq Case — Section 7(c) of Muslim Women (Protection of Rights on Marriage) Act, 2019 Does Not Bar Anticipatory Bail Under Section 438 CrPC. Offence Under the Act Can Only Be Committed by Muslim Husband, Not Mother-in-Law.

3 Dec 2020

The appeal arose from a judgment of the Kerala High Court rejecting an anticipatory bail application filed by the appellant, the mother-in-law of the ...

High Court

High Court of Karnataka Dismisses Anticipatory Bail Petition in Rape and Attempt to Murder Case — Charge Sheet Filed, No Custodial Interrogation Required. Anticipatory Bail Under Section 438 CrPC Not Maintainable After Charge Sheet; Accused Must Seek Regular Bail Under Section 439 CrPC.

20 Jul 2016

The petitioners, Dinesh Gowda and Srinivasa Gowda, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking ...

High Court

Bombay High Court Allows Interim Anticipatory Bail in Section 438 CrPC Case — Sessions Court Cannot Adjourn Without Granting Interim Protection. The court held that under Section 438 CrPC, the court must either reject the application forthwith or grant interim bail, and cannot adjourn without interim relief.

8 May 2014

The applicants, Shrenik Jayantilal Jain and Neena Shrenik Jain, filed an anticipatory bail application under Section 438 of the Code of Criminal Proce...

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