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Moti Ram and ors. Vs. State of Madhya Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 389(1), 436, 436(2), 437(2), 441(1), 441(2), 441(3) and 445

Reported in : AIR1978SC1594; 1978CriLJ1703; (1978)4SCC47; [1979]1SCR335; 1978(10)LC747(SC)

that bail reform was necessary. Indeed, this legislative scenario has a lesson for India where a much later Criminal Procedure Code 1973 has largely left untouched ancient provisions on this subject, incongruous with the Preamble to the Constitution.10. An … factual matrix three legal issues arise (1) Can the Court, under the CrPC, enlarge, on his own bond without sureties, a person undergoing incarceration for … when directed, not on the production of sureties. But Section 437(2) distinguishes between bail and bond without sureties.24. Section 445 suggests, especially read with the marginal note, that deposit of money will do duty for bond 'with or

Lt. Governor, Nct and ors. Vs. Ved Prakash @ Vedu

Court : Supreme Court of India

Subject : Criminal

Acts : Delhi Police Act, 1978 - Sections 45, 47, 48, 50 and 59; Delhi Public Gambling Act, 1955 - Sections 3, 4 and 12; Suppression of Immoral Traffic in Women and Girls Act, 1956; Arms Act, 1959 - Sections 25, 26, 27, 28 and 29; Customs Act, 1962 - Sections 135; Punjab Excise Act, 1955 - Sections 61, 63 and 66; Opium Act, 1878; Dangerous Drugs Act, 1930; Drugs and Cosmetics Act, 1940; Bombay Prevention of Begging Act, 1959 - Sections 11, 107 and 108; Bombay Police Act - Sections 56; Indian Penal Code (IPC) - Sections 34, 290, 308, 323, 427, 458, 498A to 498E, 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 70 to 89, 119 to 124, 445, 446, 447 and 448; Constitution of India - Article 21

Reported in : JT2006(5)SC425; 2006(5)SCALE250; (2006)5SCC228; 2006(1)LC739(SC)

Criminal Procedure, 1973, shall, so far as may be, apply in relation to such warrant.(7) The provisions of Section 445, Section 446, Section 447 or Section 448 of the Code of Criminal Procedure, 1973, shall, so far as … for attendance during the inquiry.(b) The provisions of Sections 119 to 124 (both inclusive) of the Code of Criminal Procedure, 1973, shall, so far as may be, apply in relation to the order under Clause (a) to furnish … 1 and 10 under Sections 308/34 and 458/323/427/506 of the Indian Penal Code respectively which are said to be still pending.4. In the show cause

Shri Krishnakant G. Borkar Vs. Shri Euffemio Azavedo and ors.

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 161, 200 and 202; Indian Penal Code (IPC), 1860 - Sections 441 and 445

Reported in : 1996(4)BomCR288

restraint - Sections 154, 161, 200 and 202 of Criminal Procedure Code, 1973, Article 226 of Constitution of India and Sections 41 and 445 of … learned Judicial Magistrate, First Class had issued an order for investigation by the Police under section 156(3) of the Criminal Procedure Code. Thus, the Police machinery was set in action by the lower Court for investigating the alleged offences and … on a complaint lodged by him, which ex facie reveals the commission of serious offences under Indian Penal Code against the accused, who is the respondent No. 1 in the petition, and persistently refused to prosecute him

Raj Kumar Aggarwal Vs. Director General, Central Excise and anr.

Court : Delhi

Subject : Criminal

Acts : Central Excise Act, 1944 - Sections 9 and 9AA; Code of Criminal Procedure (CrPC) , 1973 - Sections 145, 167, 167(2), 437, 437(1), 437(2), 437(3), 437(5), 438(1), 438(2), 439, 439(2), 441, 442(1) and 445; TADA Act - Sections 20(4); Narcotic Drugs and Psychotropic Substances Act, 1988; Delhi Rent Control Act - Sections 25B; Constitution of India

Reported in : 147(2008)DLT1; 2008(229)ELT350(Del)

the Petitioner had filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 (Cr.PC) which came to be decided by a … the pending application stands disposed of in these terms. Criminal - Bail - Sections 167 and 439 of Criminal Procedure Code, 1973 - Appellant had filed application for bail under Section 439 - Single Judge admitted bail application on … without sureties, by persons ordered to be released on bail. One of the provisions relating to bonds is Section 445 which enables the court to accept the deposit of a sum of money in lieu of execution of

Raghubir Singh and ors. Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 120B, 121, 121A, 123, 124A, 153A, 153B, 165A and 505; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2), 207, 309, 309(2), 344, 437, 437(1), 437(2), 437(5), 439, 439(2), 441, 442, 442(1), 444, 444(2) and 445; Constitution of India - Articles 21, 32 and 136

Reported in : AIR1987SC149; 1987CriLJ157; 1986(2)SCALE452; (1986)4SCC481; [1986]3SCR802

in which such accused person is incarcerated. Sections 441 and 442, to borrow the language of the Civil Procedure Code, are in the nature of provisions for the execution of orders for the release on bail of accused … the first time in the new Code of 1973. The reason for the introduction of the proviso … the four accused other than Simranjit Singh Mann moved the Judicial Magistrate First Class Araria for bail in the criminal case which was then being investigated claiming to be released under the proviso (a) of Section 167(2) of … to be released under the proviso (a) of Section 167(2) of the CrPC. The learned Magistrate directed their release on bail, but imposed a condition … without sureties, by persons ordered to be released on bail. One of the provisions relating to bonds is Section 445 which enables the court to accept the deposit of a sum of money in lieu of execution of

Shri Vasant Waman Pradhan Vs. Shri Dattatraya Vithal Salvi and the Sta ...

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 27, 28, 200, 227, 239, 245, 245(2) and 482; Indian Penal Code (IPC) - Sections 339, 349, 425, 427, 441, 442, 445, 451, 452, 453, 503, 504 and 506; Constitution of India - Articles 226 and 227

Reported in : 2004(1)MhLj487

bond, if any, furnished by the petitioner, stand cancelled. No order was to costs. Rule stands made absolute. Criminal Procedure Code, 1973 - Sections 245, 482 - Constitution of India, 1950 - Articles 226-227 - Discharge of accused - … the application moved by the petitioner for discharging him in view of provisions of Section 245(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for convenience).2. Few facts need to be stated … punishable under provisions of Section 339, 349, 427, 441, 442, 451, 452, 445, 504, 506 of IPC as they were mentioned in the complaint filed

Vikas Vs. The State of Maharashtra

Court : Mumbai Aurangabad

Subject : Land Acquisition

Investigating Officer, sanctioning authority etc. and proved the relevant record. In the statement given under section 313 of Criminal Procedure Code, the accused denied virtually everything, but he gave additional statement in writing. In the written statement, he contended … sanctioning authority etc. and proved the relevant record. In the statement given under section 313 of Criminal Procedure Code, the accused denied virtually everything, but he gave additional statement in writing. In the written statement, he contended … as AIR 1992 SUPREME COURT 644 [Ayyasami Vs. State of T.N.], AIR 1973 SUPREME COURT 498 [Ram Prakash Arora Vs. State of Punjab], 2008 ALL … HIGH COURT [Sakharam Tryambak Patil Vs. State of Maharashtra] and 1980 Mh.L.J. 445 [Bhaurao Marotrao Manekar Vs. State of Maharashtra]. He submitted that Sub Divisional

Prakash Waman Shinde Vs. State of Maharashtra

Court : Mumbai

Subject : CriminalMotor Vehicles

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 42, 445 and 446; Motor Vechicles Act, 1939 - Sections 128(2)

Reported in : 1984(1)BomCR573

allegation - Sections 42, 445 and 446 of Code of Civil Procedure, 1973 and Sections 22, 25, 38, 94, 106, 112 and 128 (2) and … or jurisdiction.7(a) Mr. Kothari, the learned public prosecutor placed heavy reliance upon the provisions of section 42 of the Criminal Procedure Code and section 128(2) of the Motor Vehicles Act. Section 42 of the Criminal Procedure Code empowers the Police … Kothari, the learned public prosecutor placed heavy reliance upon the provisions of section 42 of the Criminal Procedure Code and section 128(2) of the Motor Vehicles Act. Section 42 of the Criminal Procedure Code empowers the Police

Charles Sobhraj Vs. State

Court : Delhi

Subject : Criminal

Acts : Indian Penal code, 1860 - Sections 224; Code of Criminal Procedure (CrPC) , 1973 - Sections 445

Reported in : 1996IIAD(Delhi)550; 1996CriLJ3354; 63(1996)DLT91

trial had not made any significant progress, he drew my attention to Section 445 of the Code of Criminal Procedure and submitted that it being at the option of the accused to furnish cash deposit in lieu of … Report No. 139 of 1989 under Sections 224 and 328 read with Section 120B of the Indian Penal Code, the petitioner was admitted to bail on his furnishing a personal bond in the sum of Rs. 50,000.00

Syed Mohammed Umar Vs. the Sheriff of Bombay and anr.

Court : Mumbai

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 110, 110A, 110B, 110B(1), 110B(2), 110C, 110D, 110-E and 111A; Bombay Motor Vehicles Rules, 1959 - Rules 294, 294(1) and 310; Bombay High Court Original Side Rules, 1957 - Rules 445 and 451; Bombay City Civil and Sessions Court Rules, 1948 - Rule 245(1); Code of Civil Procedure (CPC), 1908 - Sections 30, 32, 34, 35, 35A, 75, 76, 77, 94, 95, 132, 133, 144, 145, 147, 149, 151, 152 and 153 - Order 21, Rule 43; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Constitution of India - Article 226

Reported in : AIR1988Bom67; 1988(2)BomCR487; (1988)2BOMLR487

to be a Civil Court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. Section 110D provides for appeals to the High Court. Then the relevant provision with which we are … Bombay. The Tribunal at Bombay then issued the warrant of attachment under Order XXI, Rule 43 of the Code of Civil Procedure and forwarded the same to the Sheriff, through the Prothonotary and Senior Master for execution. … on the Sheriff. It is sufficient to make a reference to Rules 445 and 451 of the High Court Original Side Rules and Rule 245(1)