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Showing posts with label S 439 of CRPC. Show all posts
Showing posts with label S 439 of CRPC. Show all posts
Sunday, 30 October 2022

What is the difference between Section 439 and Section 389 of the Code of Criminal Procedure?

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   It may be seen that there is a marked difference between the procedure for consideration of bail Under Section 439, which is pre-convicti...
Saturday, 5 September 2020

Whether the court should release the woman accused of heinous offence on bail?

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The counsel for the petitioner submitted that, the petitioner is a woman. Therefore, she is entitled the benefit of first proviso to Sec...
Sunday, 21 June 2020

Whether the order of Pocso court granting or refusing bail to accused involved in an offence both under Pocso Act and SC & ST Atrocities Act is appealable under Section 14A(2) of the SC/ST Act or S 439 of CRPC?

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  In view of the foregoing discussions, especially, taking into consideration the decisions rendered in the case of Sarwan Singh (supra) ...
Sunday, 8 December 2019

Duty of court while deciding bail application of accused in serious offences

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Merely recording ―having perused the record‖ and ―on the facts and circumstances of the case‖ does not sub-serve the purpose of a reasoned...
Friday, 1 April 2016

Whether provisions of money laundering Act will have overriding effect over CRPC in respect of grant of bail?

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We have noted that  Section 45  of the PMLA will have overriding effect on the general provisions  of the Code  of Criminal Procedure in ca...
Wednesday, 11 November 2015

Precaution to be taken by Magistrate prior to releasing accused on bail

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 In Criminal Courts thousands of Bail Applications would be dealt with and disposed of. The accused would be released on bail either on...