The age of prosecutrix is differently mentioned at different stages. In the statement under Section 164 Cr.P.C., her age is stated to be about 17 years, whereas in the FIR her age […]
Discharge of person apprehended No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a […]
Calcutta High Court (Appellete Side) Azima Bewa vs The State Of West Bengal & Ors C.R.R. No. 3802 of 2017 DATED : 7 December, 2017 Mr. Deep Chain Kabir .. For the petitioner […]
Court cannot demand production of property documents from the accused, surety. Nowhere in Section 436 or 437 or 439 or 438 Cr.P.C. or in Form No.45 appended to Schedule II to the Code of Criminal Procedure, 1973, production of property document, title deeds, etc. either by surety or by the accused has been contemplated.
Bail, in English Common law, is the freeing or setting at liberty of one arrested or imprisoned upon any action, either civil or criminal, on surety taken for his appearance on a […]
An order of anticipatory bail virtually converts a non bailable offence under the Code to a bailable one subject, of course, to appropriate conditions which the Court can in the interests of […]
Criminal Procedure Code, 1973 (CrPC) – Section 437 – Bail – Conditions for – Excessively onerous condition that accused should pay a huge sum of Rs. 2 lacs at stage of FIR – Accused failed to make the payment of said amount and languishing in jail endlessly – Not proper. Order passed by Metropolitan Magistrate imposing condition that accused should pay a huge sum of Rs. 2 lacs to be set at liberty, not proper. If he had paid it is a different matter. But the fact that he was not able to pay that amount and in default thereof he is to languish in jail for more than 10 months now, is sufficient indication that he was unable to make up the amount. Can he be detained in custody endlessly for his inability to pay the amount in the range of Rs. 2 lacs. If the cheques issued by his surety were dishonoured, the Court could perhaps have taken it as a ground to suggest to the payee of the cheques to resort to his legal remedies provided by law.
The Jharkhand HC Advocate Association general secretary said HCs in Madhya Pradesh and Karnataka had issued similar directions to some litigants to pay costs towards the relief fund in Kerala. Bombay HC […]
Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.
The Provision is Mandatory. In Natabar Parida v. State of Orissa, AIR 1975 SC 1465, the Court explained the mandatory character of the requirement of the proviso to S. 167(2) that an […]
KEYWORDS:-BAIL In deciding BAIL applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. (2011) 13 SCALE 107 (SUPREME COURT OF […]