Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Entire case is based on circumstantial evidence - No incriminating article was recovered from possession of accused - Credibility of testimony of witnesses is to be examined by trial Court at the relevant time - No apprehension if accused released on bail is going to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 302, 201, 120B, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - While granting bail High Court not considered heinous nature of allegations, gravity of offence alleged and severity of punishment in the event of ultimate conviction - Ex facie the allegations are..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 364A, 302, 201, 34 -- Interim bail - Cancellation - High Court while granting bail failed to notice crucial aspects which have a bearing on whether or not a case for exercise of jurisdiction to grant bail u/s 439 Cr.P.C was established - High Court also failed to note that crucial witnesses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - High Court granted bail to accused without taking into consideration the relevant facts and circumstances and appropriate evidence which proves that accused has been charged with a serious offence - Grant of bail to accused only on the basis of parity shows that order..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Allegation of administering overdose of intoxicant to deceased is against co-accused - No allegation on record that accused ever met deceased or inflicted injury upon him - More so, as per medical report of deceased no poison found in body of deceased - Trial of case is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323 -- Bail - Murder - Statement of eye witness in question having no evidentiary value in the eyes of law - Implication of applicant would not be proper on the basis of other circumstantial evidence and corroborative material which would be seen during trial - Bail granted...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - Summoning only on the basis of statement of PW1 and PW3 without considering other circumstances and material available collected by I.O. - Court also not identified parentage of petitioner - Summoning order set aside - matter remitted for decision..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 506, 148, 149, 302, 201, 323 -- Interim medical bail - Offence u/ss 307, 326, 452, 506, 148, 149, 302, 201, 323 IPC - As per medical advice, petitioner is still required to undergo complete bed rest, it shall be open for him to file an application by annexing all medical records in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 147, 148, 149, 34, 120B, Arms Act, 1959, Section 25, 30, 3 -- Grant of bail - Matter remitted for fresh adjudication on account of factors like : (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
