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Section 439 CrPC

Case BriefsHigh Courts

HP HC | Court is under Constitutional obligation to safeguard the interests of the victim, accused, society, and State; Bail granted

Himachal Pradesh High Court: Anoop Chitkara, J., allowed a bail petition of an accused who was under arrest due to an FIR

Published on January 28, 2020January 31, 2020By Bhumika Indulia
Leave a comment2646 views
Case BriefsHigh Courts

Cal HC | Court denounces lawyer’s strike — Obstructing the course of justice to be treated as a cognizable offence

Calcutta High Court: A Division Bench of Joymalya Bagchi and Suvra Ghosh, JJ., while denouncing the conduct of lawyers who had called a

Published on January 2, 2020January 6, 2020By Bhumika Indulia
Leave a comment2807 views
Legislation UpdatesNotifications

Delhi HC issues practice direction mandating presence of rape victim or person authorised on her behalf at the time of granting bail to the accused person

Section 439 of the Code of Criminal Procedure, 1973 stood amended by the Criminal Law (Amendment) Act, 2018 (No. 22 of 2018)

Published on September 26, 2019By Bhumika Indulia
Leave a comment3915 views
Case BriefsHigh Courts

MP HC | Uploading filthy language in the name of God on Facebook, results into malicious act with intention to outrage religious feelings; bail granted

Madhya Pradesh High Court: S.A. Dharmadhikari, J. granted bail under Section 439 CrPC, where the applicant was charged for ‘Deliberate and malicious

Published on July 10, 2019July 11, 2019By Bhumika Indulia
Leave a comment2606 views
Case BriefsHigh Courts

MP HC | ‘Early conclusion of trial a bleak possibility and prolonged pre-trial detention an anathema to the concept of liberty’; bail granted to externed accused

Madhya Pradesh High Court: Vivek Rusia, J. dealt with a bail application where the petitioner sought bail for the offence under Section

Published on July 4, 2019July 8, 2019By Bhumika Indulia
Leave a comment2019 views
Case BriefsHigh Courts

MP HC | Financial distress to family caused due to detention of accused in custody held to be valid condition for granting bail

Madhya Pradesh High Court: Anand Pathak, J. directed release of the applicant on bail with sureties in the instant application filed under

Published on June 17, 2019June 19, 2019By Bhumika Indulia
Leave a comment2022 views
Case BriefsHigh Courts

P&H HC | Court exercises special power to grant bail when trial not likely to be concluded in near future 

Punjab and Haryana High Court: Ajay Tewari, J., passed an order to release the petitioner on regular bail on the ground that

Published on May 23, 2019May 27, 2019By Bhumika Indulia
Leave a comment2728 views
Case BriefsHigh Courts

Chh HC | Juvenile’s bail application maintainable only under S. 12 of JJ Act; Ss. 437 or 439 CrPC not applicable

Chhattisgarh High Court: A Bench of Prashant Kumar Mishra, Acting C.J. and Vimla Singh Kapoor, J. has held that “the grant of

Published on May 4, 2019May 7, 2019By Bhumika Indulia
Leave a comment6787 views
Case BriefsHigh Courts

Ori HC | Substantive evidence of witnesses recorded in court cannot by itself be the basis of bail petition

Orissa High Court: The Bench of Dr A.K. Mishra, J., dismissed an application filed under Section 439 CrPC for a successive bail

Published on March 26, 2019March 28, 2019By Bhumika Indulia
Leave a comment1865 views
Case BriefsSupreme Court

Section 439 CrPC guiding principle to adjudicate on bail application; ordering forensic tests while considering same not allowed: SC

Supreme Court: The Bench comprising of N.V. Ramana and M.M. Shantanagoudar, JJ. while allowing an appeal, set aside the impugned order of

Published on November 2, 2018November 9, 2018By Bhumika Indulia
Leave a comment11250 views
Case BriefsHigh Courts

Bail denied due to pendency of recording of evidence of the complainant witnesses

Karnataka High Court: A Single Judge Bench comprising of Budihal R.B., J., decided a criminal petition filed under Section 439 of CrPC,

Published on February 2, 2018By Saba
Leave a comment2848 views

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