Indian Penal Code, 1860 ; Sections 420, 406 – Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Code of Criminal Procedure, 1973 ; Section 438 – …
In Shri Gurbaksh Singh Sibbia vs State of Punjab (1980) 2 SCC 565, the Constitution Bench of the Supreme Court, while upholding the constitutionality of Section 438 Cr.P.C., observed thus: Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on …
In Harjeet Chandok @ Harjeet Singh vs State Of Karnataka, the Sessions Court has rejected the bail application on the sole ground that the accused have not produced the address proof of their native place. The Karnataka High Court, while allowing their bail plea, observed that ‘the petitioners are natives of some other State itself …
Can Bail Be Denied Merely Because Accused Are Natives Of Other States? Read More »
Section 18 of Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, reads as follows: Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.” One Ram Krishna Balothia challenged the constitutional validity of this …
Anticipatory Bail In SC-ST (Prevention Of Atrocities) Act Cases Read More »
Section 438 CrPC provides that when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section. So it is clear from literal reading of this provision that Section 438 CrPC confers …
S 438 CrPC – Anticipatory Bail Application Directly Before High Court Read More »