plea of alibi anticipatory bail

Joga Singh VS State of Haryana - 22 May 19

India - Punjab and Haryana

of the petitioner's plea for anticipatory bail. ... plea of alibi, and the gravity of the offense. ... to the concession of anticipatory bail. ... The daughter of the complainant Darshan Deep Kaur is also an eyewitness and the plea of alibi taken by the petitioner or the plea ... The petitioner prays for grant of anticipatory bail in FIR No. 454 dated 11.12.2018, registered under Sections 302, 307, 341 and ... (7) Clearly, the plea of alibi which has been accepted by the police while presenting report u/s 173 Cr.P.C

Shaikh Naser S/o. Shaikh Abdul Wahed Patel VS State Of Maharashtra - 04 Jul 22

India - Bombay

of proof on the accused, and the gravity of the offence in considering anticipatory bail. ... Sections 302, 143, 147, 148, 149 - The court discussed the duty of the Investigating Officer to collect evidence, the plea of alibi ... The Investigating Officer did not collect the evidence, and the court considered the plea of alibi and the burden of proof on the ... of alibi at the time of anticipatory bail. ... Section 11 deals with the doctrine of a plea of alibi. ... that the applicant cannot be released on anticipatory bail.

Narinder Singh VS State of Punjab - 12 Dec 24

India - Punjab and Haryana

... ... Findings of Court: ... The court found that the allegations were serious, and the plea of alibi was not credible given the ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - Application for anticipatory bail dismissed due ... reiterated that the powers of anticipatory bail are extraordinary and should be exercised sparingly, considering the nature and ... A plea of alibi has been taken by the petitioner. ... grant of anticipatory bail. ... As such the plea of alibi as raised by the petitioner cannot be taken into consideration at this stage of deciding the petition for

Balkar Singh @ Phalki VS State Of Haryana - 15 May 02

India - Punjab and Haryana

the disclosure of his identity by his co-accused and an independent witness, and the plea of alibi raised by the petitioner. ... Fact of the Case: The petitioner sought anticipatory bail in a case involving the possession of poppy-husk under the ... Narcotic Drugs and Psychotropic Substances Act - Anticipatory Bail - Summary: The court dismissed the petition for anticipatory ... The plea of alibi taken by the petitioner-accused is to be adjudicated upon during the trial of the case. ... Petitioner, Balkar Singh, seeks anticipatory bail in case bearing FIR No. 474 dated 23.8.2001 registered under Section 15 of the ... , the concession of bail should not be extended to him.

Bikram Singh @ Vikram Singh VS State Of Punjab - 06 Aug 21

India - Punjab and Haryana

Ratio Decidendi: The plea of 'alibi' and contradictions in injuries cannot be considered at the anticipatory bail stage. ... Finding of the Court: The court dismissed the petitions, stating that the plea of 'alibi' and contradictions in injuries ... The element of mens-rea and the public nature of the occurrence were considered in declining anticipatory bail. ... Hence, this plea cannot be of any avail to the above-named petitioners for seeking the relief of anticipatory bail. ... the spot at the time of the alleged occurrence, it is well-settled that the plea of 'alibi' can be looked into and adjudicated only ... This fact, in itself, does suffice to decline the prayer of the petitioners for anticipatory bail.

Santro VS State of Haryana - 05 Oct 12

India - Punjab and Haryana

Bail--Plea of Alibi--Held; Even if there is plea of alibi, the same can be raised only at the stage of trial and not at the stage ... of anticipatory bail--Bail declined--Criminal Procedure Code, 1973, S.438. ... (A) Indian Penal Code, 1860, S.306--Abetment to Suicide--Anticipatory Bail--Declined--Petitioner contended that deceased had taken ... Even if there is plea of alibi, the same can be raised only at the stage of trial and not at the stage of anticipatory bail. ... No such authority has been cited by the petitioner wherein case has been referred at the stage of anticipatory bail. ... No ground is made out for the grant of anticipatory bail. ... 4.

Tejpal @ Lilu VS State (NCT) of Delhi - 04 Feb 15

India - Delhi

and that their plea of alibi is not substantiated. ... It also considered the dying declaration and the plea of alibi in reaching its decision. ... Pre-arrest Bail - Accused - Dying Declaration and Alibi - Summary Fact of the Case: The petitioners, who are relatives ... Even the plea of alibi raised by the petitioners does not stand substantiated. ... It was pointed out that the dying declaration of the deceased clearly implicates petitioners - accused persons and the plea of alibi ... arresting him or her; ... (vi) impact of grant of anticipatory bail particularly in cases of large magnitude affecting

DILEEP K K vs THE EXCISE INSPECTOR, BALUSSERY - 24 Nov 08

India - Kerala

plea of alibi and the serious nature of allegations under the Abkari Act, emphasizing the need for cooperation with investigation ... The petitioner claimed innocence and raised a plea of alibi, stating he was working in another state at the time. ... the denial of anticipatory bail, placing substantial weight on the ongoing investigation. ... Though plea of alibi is raised, no materials are produced to establish the same. ... The omission on the part of the Investigating Officer alone cannot be made a ground to grant anticipatory bail. ... In such circumstances, anticipatory bail may be granted to petitioner, it is submitted.

Shivkumar Singh VS State of M. P. - 23 Jul 02

India - Madhya Pradesh

Though plea of alibi is taken by the applicant, but it cannot be examined at the stage of anticipatory bail. ... Criminal P.C., 1973 -- S. 438 -- plea of alibi taken by applicant -cannot be examined at stage of anticipatory bail -- it is for ... anticipatory bail.

Nageshwar Prasad VS State Of Bihar - 24 Aug 07

India - Patna

or certificate filed-Plea of petitioner not tenable-Petition for anticipatory bail dismissed. ... occurrence-Plea of alibi does not inspire confidence at this stage and has to be verified during trial. ... Criminal Trial-Plea of Alibi-Hospitalisation during occurrence in a remote and little known village-Although petitioner is A resident ... So far the question of the alleged ailment of the petitioner is concerned, this matter of anticipatory bail has to be considered ... Strangely enough less than three months thereafter another petition for anticipatory bail bearing Cr. Misc. ... Having found no sufficient ground to pass any order other than the order passed in the earlier petition for anticipatory bail, this

JAYESHBHAI @ PANCHABHAI MULJIBHAI SATODIYA VS STATE OF GUJARAT - 05 Mar 04

India - Gujarat

- Factors such as difference in time of incident, plea of alibi, change in weapons and status of accused prima facie cannot be ... considered at the stage of considering question of anticipatory bail to accused - There will be their ground of defence - Therefore ... Criminal Procedure Code, 1973 (Central Act 2 of 1974) - Secs. 397, 401, 438 & 439(2) - Anticipatory bail - Order of - Sustainability ... The plea of alibi raised by the accused would be relevant as a specific case of false implication and, therefore, same deserves to ... application for anticipatory bail. ... it fit to grant anticipatory bail to the accused.

State of Maharashtra VS Laxman Kishan Shirashat - 01 Jan 00

India - Bombay

witness attributing specific role to them-Plea of alibi should not be considered at this stage-Anticipatory bail granted to the accused ... bail in a case of double murder. ... ... Grant of anticipatory bail is to be confined to exceptional cases

STATE OF GUJARAT VS DEEPAK JASWANTLAL SHETH - 23 Jan 98

India - Gujarat

bail - Respondent granted anticipatory bail - Plea of alibi found possible & plausible by Trial Court - Respondent not misuse & ... It should be realised that an order of anticipatory bail could even be obtained in cases of serious nature as for example murder ... [Para 56]It must be realised that when the Court of Sessions or the High Court is granting anticipatory bail, it is granted at a ... The plea of alibi can be set up and proved in the course of trial. ... and observed that the plea of alibi must be taken as an uncontroverted fact at the present stage. ... "about the plea of alibi pleaded on behalf of respondent-accused Deepak, the court observed that first witness named, Manharsinh

Vivek VS Surinder Singh - 09 Mar 87

India - Punjab and Haryana

The plea of alibi raised by one of the petitioners was deemed irrelevant at the preliminary stage of summoning the accused. ... The plea of alibi raised by one of the petitioners was deemed irrelevant at the preliminary stage of summoning the accused. ... Issues: The issues revolved around the quashing of the criminal complaint and the orders of summoning by the Magistrate and ... In my view this plea of alibi which the petitioner Vivek is entitled to plead in this defence cannot be taken note of at this preliminary ... The granting of anticipatory bail to Vivek on whatever ground is wholly immaterial while considering the matter of quashing the complaint ... The contention of the learned petitioners counsel is that anticipatory bail was granted by the learned Sessions Judge, Ludhiana,

Mahesh Kumar VS State of Rajasthan - 03 Jul 09

India - Rajasthan

— Plea of alibi — Held — Petitioner's name figure in the F.I.R. — They were found to have involved in heinous crime of murder — After ... Cr.P.C., 1973, Sec. 438; Penal Code, Secs. 148, 149, 323, 324, 341, 302, and 120-B — Second bail application — Anticipatory bail ... of Sec. 438 of Cr.P.C. are to be sparingly used in rarest of rare cases — False implication and malafide must be proved by the accused ... murder and they are apprehending their arrest by the police as such they may be granted indulgence of anticipatory bail. ... The petitioners do not deserve anticipatory bail in this case and the bail petition is liable to be dismissed. ... It is highly shocking that even the accused persons involved in the heinous offence of murder are craving indulgence of anticipatory

U. T. of Dadra & Haveli VS Fatehsinh Mohansinh Chauhan - 14 Aug 06

India - Crimes

of alibi as far back as in year 1996 when he moved anticipatory bail application and grant of application of prosecution would result ... assault and injuries to imformant with other accused — Respondent took a plea of alibi that he was present in chamber of Collector ... alibi that at the time of the alleged incident he was present in the chamber of the Collector, Dadra & Nagar Haveli, Silvassa, who ... of filing the application for anticipatory bail had made a clear assertion about his being present with those officers at the time ... Parmar, Executive and Sector Magistrate, Dadra, in support of his plea of alibi that he was present in the chamber of Shri S.P. ... for anticipatory bail and also when he opposed the application moved by the prosecution for giving him on police remand.

TITU ALIAS MITU ALIAS PRASIDHA MAHARATHI, MR SWAIN AND BABULI ALIAS AND ISWAR PRASIDHA MAHARATHI VS STATE OF ORISSA - 20 Aug 99

India - Orissa

Finding of the Court: The order of the Sessions Court granting regular bail to the Petitioners in an anticipatory bail ... BAIL - ANTICIPATORY BAIL - SECTION 438(3) - REGULAR BAIL GRANTED BY SESSIONS COURT IN ANTICIPATORY BAIL PROCEEDING - ILLEGAL - ... ORDER OF SESSIONS COURT CANNOT BE TERMED AS ANTICIPATORY BAIL - SUB-SECTION (3) OF SECTION 438, CODE OF CRIMINAL PROCEDURE NOT ATTRACTED ... them regular bail accepting their plea of 'alibi'. ... Their sole contention for grant of anticipatory bail was based on the plea of, alibi' which found flavor with the learned Additional ... materials and not to be influenced by their plea of 'alibi'.

U. T. of Dadra & Haveli VS Fatehsinh Mohansinh Chauhan - 14 Aug 06

India - Supreme Court

of alibi as far back as in year 1996 when he moved anticipatory bail application and grant of application of prosecution would result ... assault and injuries to imformant with other accused — Respondent took a plea of alibi that he was present in chamber of Collector ... alibi that at the time of the alleged incident he was present in the chamber of the Collector, Dadra & Nagar Haveli, Silvassa, who ... of filing the application for anticipatory bail had made a clear assertion about his being present with those officers at the time ... Parmar, Executive and Sector Magistrate, Dadra, in support of his plea of alibi that he was present in the chamber of Shri S.P. ... for anticipatory bail and also when he opposed the application moved by the prosecution for giving him on police remand.

Samey Singh VS State Of Haryana And Anr. - 01 Jun 95

India - Punjab and Haryana

- HUSBAND OF THE DECEASED ENLARGED ON ANTICIPATORY BAIL - HELD, NOT A FIT CASE FOR GRANT OF ANTICIPATORY BAIL - ORDER SET ASIDE. ... The court held that this was not a fit case for grant of anticipatory bail, considering the specific allegations of demand of dowry ... The court held that this was not a fit case for grant of anticipatory bail, considering the specific allegations of demand of dowry ... Further at the stage of ganting bail, the Additional Sessions Judge ought not to have considered the plea of alibi of the petitioner ... Even at this initial stage he has accepted the plea of alibi of respondent No. 2 and at that juncture he has fallen into an error ... order, whereby the husband of the deceased is enlarged on anticipatory bail.

Harjot Singh VS State of Haryana - 15 Sep 15

India - Punjab and Haryana

NDPS Act - Bail Application - The court dismissed the bail application under the NDPS Act, emphasizing the seriousness of drug-related ... Fact of the Case: The petitioner sought regular bail in a case involving illicit contraband poppy straw. ... bail application. ... anticipatory bail should be allowed. ... The petitioner can take the plea of alibi at the appropriate stage. ... The petition is dismissed. ... I do not think it a fit case for grant of anticipatory bail. No fetters can be placed on the investigators.

Searched Results

Joga Singh VS State of Haryana - 22 May 19

Shaikh Naser S/o. Shaikh Abdul Wahed Patel VS State Of Maharashtra - 04 Jul 22

Narinder Singh VS State of Punjab - 12 Dec 24

Balkar Singh @ Phalki VS State Of Haryana - 15 May 02

Bikram Singh @ Vikram Singh VS State Of Punjab - 06 Aug 21

Santro VS State of Haryana - 05 Oct 12

Tejpal @ Lilu VS State (NCT) of Delhi - 04 Feb 15

DILEEP K K vs THE EXCISE INSPECTOR, BALUSSERY - 24 Nov 08

Shivkumar Singh VS State of M. P. - 23 Jul 02

Nageshwar Prasad VS State Of Bihar - 24 Aug 07

JAYESHBHAI @ PANCHABHAI MULJIBHAI SATODIYA VS STATE OF GUJARAT - 05 Mar 04

State of Maharashtra VS Laxman Kishan Shirashat - 01 Jan 00

STATE OF GUJARAT VS DEEPAK JASWANTLAL SHETH - 23 Jan 98

Vivek VS Surinder Singh - 09 Mar 87

Mahesh Kumar VS State of Rajasthan - 03 Jul 09

U. T. of Dadra & Haveli VS Fatehsinh Mohansinh Chauhan - 14 Aug 06

TITU ALIAS MITU ALIAS PRASIDHA MAHARATHI, MR SWAIN AND BABULI ALIAS AND ISWAR PRASIDHA MAHARATHI VS STATE OF ORISSA - 20 Aug 99

U. T. of Dadra & Haveli VS Fatehsinh Mohansinh Chauhan - 14 Aug 06

Samey Singh VS State Of Haryana And Anr. - 01 Jun 95

Harjot Singh VS State of Haryana - 15 Sep 15