409 – MyNation KnowledgeBase

Is the accused’s right to get default bail curtailed if the police add graver charges against him?

Posted on 05/07/202205/07/2022 by MyNation Leave a comment

Bombay High Court Bail Application No. 271 of 2022, Decided On: 25.04.2022 Alnesh Akil Somji Vs. The State of Maharashtra Hon’ble Judges/Coram: C.V. Bhadang, J. Citation: MANU/MH/1726/2022 1. By this application the applicant (Accused No. 1) is seeking bail under section 167(2) of the Criminal Procedure…

Guidelines of Bombay HC for Grant of Three Days Interim Protection From Arrest to accused After Rejection of Anticipatory Bail

Posted on 29/08/202129/08/2021 by MyNation Leave a comment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (APL) No. 393 of 2021 Dr. Sameer Narayanrao Paltewar Vs. The State of Maharashtra, CORAM : MANISH PITALE, J. PRONOUNCED ON: AUGUST 21, 2021 Heard finally. 2. What is the fate…

SC: An Accused who was released on Default Bail cannot be re-arrested on filing of Charge Sheet

Posted on 07/01/2021 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 15 OF 2021 (Arising out of SLP (Crl.) No. 5715 of 2020) KAMLESH CHAUDHARY Appellant (s) VERSUS THE STATE OF RAJASTHAN Respondent(s) O R D E R Leave granted. The appellant is accused…

Cooperating with the investigating agency entitles accused for bail

Posted on 23/02/202023/02/2020 by MyNation Leave a comment

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 893 of 2019 GUPTA ANANDKUMAR SATYANARAYAN Versus STATE OF GUJARAT Appearance: MR VIRAT G POPAT(3710) for the PETITIONER(s) No. 1 MR KP RAVAL, APP for the RESPONDENT(s) No. 1 CORAM: HONOURABLE MR.JUSTICE VIPUL M….

Power U/s 482 CrPC Cannot be exercised Where the Allegations are required to be Proved In Court of Law

Posted on 02/02/202002/02/2020 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 175 OF 2020 (ARISING OUT OF SLP (CRIMINAL) NO. 172 OF 2017) STATE OF MADHYA PRADESH …..APPELLANT(S) VERSUS YOGENDRA SINGH JADON & ANR. …..RESPONDENT(S) JUDGMENT HEMANT GUPTA, J. 1. The State is aggrieved…

Power under Section 389 Cr.P.C. can Suspend the Sentence of Imprisonment

Posted on 31/01/2020 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.406 OF 2018 (ARISING OUT OF SLP(CRL.)NO.1994 OF 2018) SATYENDRA KUMAR MEHRA @ SATENDERA KUMAR MEHRA … PETITIONER VERSUS THE STATE OF JHARKHAND … RESPONDENT J U D G M E N T ASHOK…

SC : Accused can not claim Discharge from Criminal prosecution on the basis of Documents produced by him at that stage of Proceeding

Posted on 11/01/2020 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 957 OF 2017 M.E. SHIVALINGAMURTHY Vs CENTRAL BUREAU OF INVESTIGATION, BENGALURU K.M. JOSEPH, J. Dated:JANUARY 07, 2020. 1. The appeal is directed against the Order of the High Court setting aside the Order…

Whether court is bound to release accused on bond as per S.88 of CRPC on his appearance before court?

Posted on 02/10/2018 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 321 of 2018 (Arising Out of SLP (Crl.) Diary No. 1445 of 2018) Decided On: 23.02.2018 Pankaj Jain Vs. Union of India (UOI) and Ors. Hon’ble Judges/Coram: A.K. Sikri and Ashok Bhushan, JJ. Citation:(2018) 5 SCC…

s. 93(1)(c) issued for search and seizure of documents-Search warrant if violates fundamental right under Article 20(3) of Constitution.

Posted on 07/08/2018 by MyNation Leave a comment

Supreme Court of India PETITIONER:V. S. KUTTAN PILLAI Vs. RESPONDENT:RAMAKRISHNAN & ANR. DATE OF JUDGMENT18/09/1979 BENCH: DESAI, D.A. REDDY, O. CHINNAPPA (J) ACT: Code of Criminal Procedure, 1973 Sections 91 and 93(1)(c)-Scope of -Appellants office bearers of a Sabha- Warrant under s. 93(1)(c) issued for…

When second FIR is liable to be quashed?

Posted on 30/07/2018 by MyNation Leave a comment

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Criminal Misc. Application (For Quashing & Set Aside FIR/Order) No. 6370 of 2013 Decided On: 05.05.2017 Modnath Vaidhyanath Mishra Vs. State of Gujarat and Ors. Hon’ble Judges/Coram:J.B. Pardiwala, J. 1. By this application under Section 482 of the…

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Tag: 409

Is the accused’s right to get default bail curtailed if the police add graver charges against him?

Guidelines of Bombay HC for Grant of Three Days Interim Protection From Arrest to accused After Rejection of Anticipatory Bail

SC: An Accused who was released on Default Bail cannot be re-arrested on filing of Charge Sheet

Cooperating with the investigating agency entitles accused for bail

Power U/s 482 CrPC Cannot be exercised Where the Allegations are required to be Proved In Court of Law

Power under Section 389 Cr.P.C. can Suspend the Sentence of Imprisonment

SC : Accused can not claim Discharge from Criminal prosecution on the basis of Documents produced by him at that stage of Proceeding

Whether court is bound to release accused on bond as per S.88 of CRPC on his appearance before court?

s. 93(1)(c) issued for search and seizure of documents-Search warrant if violates fundamental right under Article 20(3) of Constitution.

When second FIR is liable to be quashed?

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