Pocso Act 2012 S 31. Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court: Save as otherwise provided in this Act, the provisions of the Code of Criminal […]
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 […]
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 […]
PRAJESH SHANTILAL VAGHANI Vs. THE INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU AND ANOTHER BOMBAY
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 […]
Criminal Procedure Code, 1973—Sections 437 and 438—Anticipatory bail—Considerations for—Anticipation of foul play—The provision for grant of bail can be invoked to meet such contingency in addition to other grounds.