Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 498A, 323, 324, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Matrimonial dispute - Injury report to demonstrate injuries received by wife of accused - Chances of amicable settlement between parties - Chance of absconding of accused from course of law is very low, as..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304B, 498A, 34, 120B, Arms Act, 1959, Section 25 -- Bail - Dowry death - Cruelty - Prima facie evidence of demand of dowry from deceased and her family - Evidence on record shows that licensed revolver of petitioner was used in the commission of crime - Injuries on the vital part of deceased..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406, 506, 323, 34 -- Cancellation of anticipatory bail - Offence u/ss 498-A, 406, 506, 323, 34 IPC - Matrimonial dispute - Nothing was said on merits while granting bail to accused and bail was granted as compromise was arrived at between parties - However, conduct of accused was not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Petitioner and complainant married for 21 years and having two grown up children - Petitioner has already joined investigation - Allegation as to dowry demand and retention of Istridhan, prima facie not made out, in as much as..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A -- Cancellation of bail - Nothing on record to suggest that accused had not co-operated with the investigation or had hampered it in any way - Non recovery of articles is not a valid ground for cancellation of bail - It is to be proved during trial as to how much dowry was given and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Offence u/ss 306, 498-A, 34 IPC - Deceased committed suicide due to regular torture and beatings given by accused - Son of deceased who is only 12 years old was alone at home - Taking into account the fact with regard to welfare of minor son, who lost his..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Death by burning - Accused is being perpetuated virtually without any trial behind the bars for almost two years - Even till date not even one PW has been examined - No likelihood of an early conclusion of trial -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, 34 -- Anticipatory bail - Offence u/ss 304-B, 498-A, 34 IPC - Petitioners are mother-i, law and sister-i, law of deceased - Deceased committed suicide within 4-1/2 years of her marriage - Various transactions on record regarding demands of dowry made by petitioners from deceased - All..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 307, 302 -- Anticipatory bail - Offence u/ss 498-A, 307, 302, 34 IPC - Direct allegations against petitioner/sister-i, law of deceased that she pushed the deceased inside the kitchen and thereafter in furtherance of common intention with co-accused sprinkled kerosene oil upon her body and..........
