201604.24
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Supreme Court on Anticipatory Bail -IV

The Honourable Supreme Court while dealing with every minute aspect of Section 438 Cr.P.C read with Aricle 21 of the Constritution had concluded that  GRANT OF BAIL FOR LIMITED PERIOD IS CONTRARY TO THE LEGISLATIVE INTENTION AND LAW DECLARED BY THE CONSTITUTION BENCH: While concluding the aforesaid it had observed the following  in the matter of Siddharam…

201604.24
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Supreme Court on Anticipatory Bail -III

 In Siddharam Satlingappa Mhetre v. State of Maharashtra and Others-(2011) 1 SCC 694 , the Honourable Supreme Court dealt with anticipatory bail with a specific  topic i.e SCOPE AND AMBIT OF ANTICIPATORY BAIL: 118. A good deal of misunderstanding with regard to the ambit and scope of section 438 Cr.P.C. could have been avoided in…

201604.24
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Supreme Court On Anticipatory Bail -II

In Siddharam Satlingappa Mhetre v. State of Maharashtra and Others-(2011) 1 SCC 694 , the Honourable Supreme Court laid down the following 10 factors and parameters, under para 122,  which can be taken into consideration while dealing with the anticipatory bail: i. The nature and gravity of the accusation and the exact role of the…

201603.23
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Fresh Investigation or Further investigation In Criminal Trial

The extraordinary power of constitutional courts in directing CBI to conduct fresh  investigation or further investigation , during criminal trial , in a case must be exercised sparingly, cautiously and in exceptional situations. It should be exercised when it is necessary to provide credibility and instil confidence in investigation or where incident may have national…

201603.23
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Second FIR Not Permissible Under Section173(8) CrPC

Second FIR Is not Permissible under Under Section173(8) CrPC, in the event of any further information being received by investigating agency in respect of the same offence or same occurrence, or, same transaction giving rise to one or more offences for which charge-sheet has already been filed by investigating agency. However, a recourse is available with investigating…