These observations regarding the nature of the power conferred by section 438 and regarding the question whether the conditions mentioned in Section 437 should be read into section 438 cannot, therefore be treated as the ratio of the decision. Shiwani Kabra - custody of children given to father R. A case cannot be compromised in a matter of a day. . The further allegation was that the accused person did so with the intention to acquire wrongful gain for themselves and to cause wrongful loss to the Society and the complainant and they had induced the complainant to enter into negotiation and get advance consideration money to them.
We are further of the view that this special power should be conferred only on the High Court and the Court of Session, and that the order should take effect at the time of arrest or thereafter. In this case, the base of cruelty in the matrimonial offence is based on the allegations that husband says that wife never cooperated with him to have sexual intercourse and so marriage could not be consummated. Issuance of false certificate cannot be said to be with dishonest intention to make wrongful gain for himself. The appellant filed a protest petition before the learned Magistrate stating, inter alia, that the accused persons had colluded with the Investigating Officer and the Station House Officer as a result of which the Investigation Officer, on 22. How can I complain against the cell? It may be noted here that a grievance was made with regard to grant of police protection and this Court taking note of its earlier order dated 6. The appellants who were refused anticipatory bail by various courts have long since been released by this Court under Section 438 1 of the Code.
The said clarification was made by this Court. File for anticipatory bail immediately. The court directed the Government to formulate an allotment policy within two months and complete the process of allotment within four months. Otherwise, the number of applications for anticipatory bail will be as large as, at any rate, the adult populace. Important part of judgment below: 10.
After all, personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of procedure established by law. A person who has yet to lose his freedom by being arrested asks for freedom in the event of arrest. Shaikh - interim custody of child Prabhati Mitra vs D. In compliance of order dated 01. An order of anticipatory bail does not in any way, directly or indirectly, take away from the police their right to investigate into charges made or to be made against the person released on bail.
However, we may hasten to add that the learned single Judge has taken note of certain supervening circumstances to cancel the bail, but we are of the opinion that in the obtaining factual matrix the said exercise was not necessary as the grant of bail was absolutely illegal and unjustified as the court below had enlarged the accused on bail on the strength of the order passed in M. Thus the husband had appealed for a divorce decree on the grounds of cruelty and desertion which was granted by the High court and confirmed by Supreme Court when appealed against that order. The account holder cheated a person who filed suit in the name of foreign job. An order of anticipatory bail constitutes, so to say, an insurance against police custody following upon arrest for offence or offences in respect of which the order is 398 issued. Mischief by injury to work of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person. Agrawala for the Appellant in Crl.
Depending on the charge - the seriousness ot it - your past record if any - and many other factors - the judge will make a deci … sion at your bond hearing whether to offer you bail privileges or not, and if so, in what amount. According to the sixth proposition framed by the High Court, the discretion under Section 438 cannot be exercised in regard to offences punishable with death or imprisonment for life unless, the court at the stage of granting anticipatory bail, is satisfied that such a charge appears to be false or groundless. This is especially true when the statutory provisions which falls for consideration is designed to secure a valuable right like the right to personal freedom and involves the application of a presumption as salutary and deep-grained in our Criminal Jurisprudence as the presumption of innocence. For purposes of this subtitle- 1 Except as provided in paragraph 2 , the amount included in gross income under this sect … ion shall be treated as ordinary income. Anupam Lal Das, learned counsel for the appellant. A relationship is created between the transferor and transferee, whereunder the transferor remains the legal owner of the property and the transferee has only the custody of the property for the benefit of the transferor himself or someone else.
Actual entrustment of property or dominion over property must be established irrespective of the fact as to whether he could be legally entrusted with the same or not. Agarwala and Janendra Lal for the Vice-Chancellor, Punjab University in Crl. It is only by the observance of that principle that a possible conflict between the right of an individual to his liberty and the right of the police to investigate into crimes reported to them can be avoided. Where the accused persons who were the President and Secretary of a co-operative society were entrusted with dominion over money of the society dishonestly misappropriated the same, they would be held guilty under section 408 and not under section 409 of the Code. An accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. We have referred to the aforesaid decisions in the field to highlight about the role of the Court while dealing with such issues. The revisional court scanned the material brought on record, perused the case diary in entirety, took note of the conduct of the Investigating Officer who had submitted the final report stating that the allegations did not constitute any criminal offence despite the material brought on record during the course of investigation by the Investigating Officer, who was appointed at the instance of the Area Officer, scrutinized the substance of material collected to the effect that Raghuvinder Singh had no right, title and interest in the property and a General Power of Attorney was executed in favour of his wife to sell, transfer and convey all rights, title and interest in the plot in question on behalf of the original allottee and that the husband and wife had concealed the material factum of execution of Power of Attorney from the complainant and opined that both the accused persons had fraudulent and dishonest intention since the beginning of the negotiation with the complainant and, therefore, the allegations prima facie constituted a criminal offence and it could not be said that it was a pure and simple dispute of civil nature.
It is the duty of the superior courts to follow the command of the statutory provisions and be guided by the precedents and issue directions which are permissible in law. That is to say, it cannot be laid down as an inexorable rule that anticipatory bail cannot be granted unless the proposed accusation appears to be actuated by mala fides; and, equally, that anticipatory bail must be granted if there is no fear that the applicant will abscond. In view of the extinction of the order granting bail, the appellant shall surrender forthwith to custody failing which he shall be taken to custody as per law. In the protest petition the complainant had asseverated everything in detail about what emerged during the course of investigation. Offence under Sections 498-A and 406, I. In order to constitute an offence, it is not enough to establish that the money has not been accounted for or mismanaged. No such rules can be laid down for the simple reason that a circumstance which, in a given case, turns out to be conclusive, may have no more than ordinary signification in another case.
But the converse of these propositions is not necessarily true. Som Nath Thapa and Ors 6. The complaint filed by the respondent and that too at Madhepura against the petitioner, who is a resident of Delhi, seems to be an attempt to pressurize the petitioner for coming to terms with the respondent. Besides, if and when the occasion arises, it may be possible for the prosecution to claim the benefit of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by a person released on bail by invoking the principle stated by this Court in State of U. Ambiguities can undoubtedly be resolved by resort to extraneous aids but words, as wide and explicit as have been used in Section 438, must be given their full effect, especially when to refuse to do so will result in undue impairment of the freedom of the individual and the presumption of innocence. The learned Additional Sessions Judge, Guna, admitted the appellant to bail on imposition of certain conditions. After laying down the principle the Bench referred to the complaint and opined that reading the averments in the complaint in entirety and accepting the allegations to be true, the ingredients of intentional deception on the part of the accused right at the beginning of the negotiations for the transaction had neither been expressly stated nor indirectly suggested in the complaint.