AI Overview...
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Pretrial Release Based on Settlement - Courts have shown willingness to grant bail or release on the basis of settlement or compromise in cases involving offences under IPC Sections 467 and 468, among others. The courts emphasize the importance of personal liberty and consider the specifics of each case, including whether the offence is compoundable or can be settled amicably SANJAYSINH BACHUSINH PARMAR V/s STATE OF GUJARAT - Gujarat.
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Offence Attracting Sections 467 and 468 - These sections relate to forgery and counterfeiting of valuable security, will, etc. Courts have clarified that for offences under Sections 467 and 468, the making of a false document with intent to cause injury or support a false claim is essential. If the facts do not establish such elements, these sections may not be attracted, especially when the alleged act does not involve forgery or false documents Mr. Sohan Singh, S/o.Mr. Manoharlal, Aged: 42 years, Occ: Employee, Currently R/o.House No.195, Ground Floor, Nagasandra 2nd Main, Near Nagasandra Circle, Bangalore, Karnataka – 560 028 vs The State of Telangana - Telangana.
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Bail in Cases Involving Sections 467 and 471 - Courts have granted bail in cases involving these sections, particularly when the accused has been in custody for a long duration and the case involves offences like forgery or conspiracy. The courts balance the severity of the offence with the principles of bail jurisprudence, emphasizing personal liberty and the likelihood of the accused appearing for trial DASHRATHBHAI BHOLIDAS PATEL VS STATE OF GUJARAT - Gujarat.
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Consideration of Settlement and Compounding - Sections 320 and 482 of the Criminal Procedure Code provide mechanisms for compounding offences and quashing proceedings. When offences are compoundable, courts may permit settlement and release, provided the parties agree, and the interests of justice are served. However, the power to quash proceedings is exercised cautiously and not routinely Abasaheb Yadav Honmane VS The State of Maharashtra & Ashwini Abasaheb Honmane - Bombay.
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Summary - Courts tend to favor pretrial release or bail in cases involving Sections 467 and 468 when there is a settlement or compromise, especially if the offences are compoundable or do not involve serious harm. The decision hinges on the specifics of each case, the nature of the offence, and the principles of personal liberty and justice SANJAYSINH BACHUSINH PARMAR V/s STATE OF GUJARAT - Gujarat, Mr. Sohan Singh, S/o.Mr. Manoharlal, Aged: 42 years, Occ: Employee, Currently R/o.House No.195, Ground Floor, Nagasandra 2nd Main, Near Nagasandra Circle, Bangalore, Karnataka – 560 028 vs The State of Telangana - Telangana, DASHRATHBHAI BHOLIDAS PATEL VS STATE OF GUJARAT - Gujarat.
References: - SANJAYSINH BACHUSINH PARMAR V/s STATE OF GUJARAT - Gujarat - Mr. Sohan Singh, S/o.Mr. Manoharlal, Aged: 42 years, Occ: Employee, Currently R/o.House No.195, Ground Floor, Nagasandra 2nd Main, Near Nagasandra Circle, Bangalore, Karnataka – 560 028 vs The State of Telangana - Telangana - DASHRATHBHAI BHOLIDAS PATEL VS STATE OF GUJARAT - Gujarat - Abasaheb Yadav Honmane VS The State of Maharashtra & Ashwini Abasaheb Honmane - Bombay
Search Results for "Pretrial Release Based on Settlement in Sections 467 468"
2024 Supreme(Online)(GUJ) 21645 • India - High Court of Gujarat
HASMUKH D. SUTHAR, J
. 11196017230233 for offences under IPC Sections 406, 420, 465, 467, 468, 471, and 120B - The applicant claims innocence and readiness ... (Paras 5, 6) ... ... Ratio Decidendi: The court concludes that the applicant's release on bail ... is justified based on the principles of bail jurisprudence and the specifics of the case, emphasizing the need for personal liberty ... No.11196017230233 of 2023 registered with Panigate Police Station, Vadodara, for the offences punishable under Sections#HL....
2025 Supreme(Online)(Tel) 19605 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SRI J. SREENIVAS RAO, J
Sections 406 , 420, 463, 465, 468, 471 and 409 of the IPC do not attract against the petitioner. He further submitted that petitioner No.2-M/s. ... Therefore, such execution would not amount to forgery, and Sections 467 and 471 IPC would not be attracted. The Court further explained that for an offence under Section 420 Sections 463 , 464, 467 and 471 IPC requires the making of a “false document” with the intention to cause injury, support a false claim, induce anothe....
2004 0 Supreme(Guj) 93 • India - Gujarat
R.P.DHOLAKIA
167, 406, 420, 467, 468 and 471 read with 120-B – Banking Regulation Act – Section 46 AS – Seeking temporary bail – Loan – Bank ... Criminal Law – Criminal Trial – Criminal Procedure Code, 193 – Section 439 – Indian Penal Code, 1860 – Sections ... on bail by this Court as well as the trial Court – Therefore, the present applicants are entitled to be released on bail even on ... It is to be noted that applicants are in judicial custody since long and if they are not released#H....
2023 0 Supreme(Guj) 841 • India - Gujarat
NIRZAR S. DESAI
Code of Criminal Procedure, 1973 - Section 439, 173(2) - Indian Penal Code, 1860 - Sections 468, 469, 471 ... -13(1)(D)(I), (2) - Grant of bail - Criminal conspiracy - Forgery for purpose of harming reputation - Applicant is seeking release ... 194, 211, 218, 120B, 302, 114, 186, 153A and 187 - Protection of Human Rights Act, 1951 - Prevention of Corruption Act, 1988 - Section ... punishable under Sections 468, 469, 471, 194, 211, 218 and 120B of the Indian Penal Code....
2012 6 Supreme 1 • India - Supreme Court
AFTAB ALAM, CHANDRAMAULI KR.PRASAD
Indian Penal Code,1860-Section 120B read with Section 302 , Sections 121,34,109 - Unlawful Activities (Prevention) Act, 1967- Section ... Appellant was rightly held guilty of waging war against the Government of India and was rightly convicted under Sections iii) Section 16 of the Unlawful Activities (Prevention) Act, 1967; ... iv) Section 302 IPC for committing murder of 7 persons; ... v) Section 302 IPC read with Section 34 and #H....
• India - Crimes
AFTAB ALAM, CHANDRAMAULI KR.PRASAD
(i) Indian Penal Code,1860-Section 120B read with Section 302 , Sections 121,34,109 - Unlawful Activities (Prevention) Act, 1967 ... Appellant was rightly held guilty of waging war against the Government of India and was rightly convicted under Sections 121, 121A ... free will and volition-Right against self- incrimination under Article 20(3) is fully incorporated in the provisions of the CrPC (Sections ... 99.Badhwar Park is a settlement of fishermen and at that place the sea comes....
2025 Supreme(Online)(P&H) 4190 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harkesh Manuja, J
As a result, FIR No. 0047 dated 17.03.2022 under Sections 406, 409, 418, 420, 467 & 468 read with Sections 34 & 120-B of IPC was registered against defendants No.1 to 7 and its Directors. ... The cause of action further arose when the EOW, New Delhi has registered a FIR No. 0047 of 2022 dated 17.03.2022 for the offences punishable under section 406, 409, 418, 420, 467, and 468 read with Section 34 and 120B of a href="./.. ... The terms of compromise/....
2008 0 Supreme(Bom) 383 • India - Bombay
J.P.DEVADHAR
Criminal Procedure Code, 1973 - Sections 320 and 482-Power of compounding and power of quashing proceedings. ... -Power under Section 482 of the Criminal Procedure Code is not unlimited. ... -Power under Section 482 to quash proceeding should not be used mechanically or routinely, but with care and caution. ... For example in a case where there are large number of witnesses a long period is taken in trial where irregularities and illegalities have been committed by the Court and a retrial is ordered and while doing s....
• India - Crimes
K.T.THOMAS, S.S.M.QUADRI, D.P.WADHWA
Substances Act, Passport Act and Telegraph Act—Accused if already undergone period of sentence under those counts—Jail authorities to release ... 3 or 4 of Act committed - Since there is no terrorist act and no disruptive activity under Sections 3 and 4 - Charges under Sections ... Act, 1908 - Sections 19 and 20 - Arms Act, 1959 - Section 25 - Passport Act, 1967 - Section 12 - Foreigners Act, 1946 - Section ... LTTE approached Government of India for their r....
1999 5 Supreme 60 • India - Supreme Court
S.S.M.QUADRI, D.P.WADHWA, K.T.THOMAS
Substances Act, Passport Act and Telegraph Act-Accused if already undergone period of sentence under those counts-Jail authorities to release ... 3 or 4 of Act committed-Since there is no terrorist act and no disruptive activity under Sections 3 and 4-Charges under Sections ... Act, 1908-Sections 19 and 20-Arms Act, 1959-Section 25-Passport Act, 1967-Section 12-Foreigners Act, 1946-Section 14-Indian Wireless ... LTTE approached government of India for their ....
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