Search Results Page
Search Results
1 - 10 of 16 (0.57 seconds)Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 37 in The Indian Penal Code, 1860 [Entire Act]
Section 87 in The Code of Criminal Procedure, 1973 [Entire Act]
Siddharth Narain Dikshit vs State Of U.P.Thr.Prin.Secy.Secondary ... on 24 August, 2021
Perusal of the above mentioned case laws of the Hon'ble Supreme Court Satender Kumar Antil (supra), Aman Preet Singh (supra) and Siddharth (supra) would convey categorically that on the completion of two conditions mentoned in Satender Kumar Antil (supra) i.e. accused is not arrested during investigation and secondly has cooperated throughout in the investigation including appearing before Investigating Officer whenever called, a mechanism has been provided for the offences punishable with imprisonment upto 7 years of imprisonment for offences placed in category in 'A' and perusal of the procedure/mechanism/remedy provided in category 'A' would reveal that at the first instance after filing of the charge sheet/complaint and after taking of cognizance, summons will be issued and that too with the permission to appear through the lawyer and if such an accused is not appearing despite service of summons then bailable warrants should be issued for their physical appearance and on their failure to appear despite issuance of bailable warrants, non bailable warrants may be issued subject to the condition that non bailable warrants may be cancelled or converted into bailable warrants/summons without insisting physical presence of the accused person(s), if any application is moved on behalf of the accused persons for cancellation of the warrants. However, it is in clause (e) of the paragraph 3 pertaining to the category 'A' cases, it is provided that the bail application of such accused persons on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is finally decided.
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 45 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Satendra Kumar Antil vs C.B.I. And Another on 1 July, 2021
Thus exercising judicial restraint from making any further comments on otherwise unusual conduct of the Chief Judicial Magistrate, Bijnor in not complying the order of this Court as well as Hon'ble Supreme Court, the instant application moved by the applicants namely Sandeep and Rahul is disposed of with a direction that a fresh bail application shall now be moved by the applicants before the Chief Judicial Magistrate concerned under Section 439 Cr.P.C. enclosing therewith copy of this order and the copy of order of this Court dated 05.04.2022 within 20 days from today and if such an application is moved, without tendering themselves to the custody of the court, it shall be an obligation of the Chief Judicial Magistrate, Bijnor to dispose of the same without insisting the applicants to submit themselves to the custody of the court, strictly in accordance with law laid down by Hon'ble Supreme Court in the above mentioned cases.