Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Allegation against accused is that he overpowered deceased who was suffering from impairment of both of his legs, pinned him to ground sat on him and throttled his neck - Offence alleged against accused is of a grave nature - Accused was arrested only following a protest..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Second bail application - Murder - Dead body of deceased found at his house which apparently bore injuries - Accused is behind the bars for more than 2-1/2 years and trial yet to be accomplished - Moreover, in view of the fact that case is more on suspicion than any ocular evidence in which..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Dismissal of first appeal in four lines in general terms, cannot be dealt within this fashion - Impugned order set aside - Matter remitted for consideration afresh by High Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 120B, 411, 201, 115, Arms Act, 1959, Section 25 -- Bail - Murder - Only incriminating material against accused is his own confession - However, confession made by accused before Police Officer is inadmissible in evidence - Fact that accused is facing proceedings in several other cases..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27, 29, 30, 54, 59, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Double murder case - Allegation against petitioner is that his gun was used by his son in murder of two girls - Son of petitioner is in custody -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 436, 323, 324, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(V) -- Bail - Murder - Accused along with co-accused set on fire hutment of complainant resulting into death of 7 years daughter of complainant - He being in knowledge that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 302, 323, 341, 458 -- Bail - Rape and murder - Allegation that accused sexually assaulted deceased and thereafter murdered her - However, PWs not supported prosecution story and turned hostile - Held, having regard to totality of facts and circumstances of the case, without expressing..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 302, 120B -- Anticipatory bail - On parity basis - Absconding accused - Dowry death - Allegation against mother-in-law of deceased - Specific allegation on record accusing mother-in-law of deceased of paying a key role in alleged offence - Conduct of accused absconding for more than 2 years..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - FIR contains serious allegations against accused - Accused cannot claim parity with co-accused since allegations in FIR and material that has emerged from..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 201, 149, 120B -- Bail during pendency of appeal - Appeal against conviction - Murder case - High Court while granting bail to accused not at all appreciated and considered the fact that trial Court on appreciation of evidence convicted accused - There is total lack of clarity on submissions,..........
