Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 304B, 34 -- Bail - Offence u/ss 302, 498-A, 304-B, 34 IPC - Deceased died because of hanging after more than 5 years of marriage - Postmortem report nowhere indicates any injury on her person, which is sufficient to establish that she died because of hanging - Even, attached medical..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 406, 506, 498A -- Anticipatory bail - Offence u/ss 323, 406, 506, 498-A IPC - Admittedly, petitioner has joined the investigation, though recovery of some gold articles is yet to be effected from him, which is probability a debatable issue and the same may not be an impediment for grant of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Abetment of suicide - Cruelty - Allegation of harassment on account of demand of dowry and beatings given by accused to deceased though levelled in FIR, however, it remains unexplained as to why in case deceased was harassed in this manner since 2010, her..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(x), Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act and Ss.498-A, 323, 504, 506 IPC - No sufficient material on record prima facie to arrive at conclusion that offence under..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304B, 498A -- Bail - Dowry death - No injury was found on body of deceased and cause of death was drowning - There was no demand of dowry from complainant party - Accused is in custody since long and trial of case will take time - Bail granted...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304 -- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 439 -- Bail - Dowry death - Cruelty - Two dying declarations - Death by burning - First dying declaration given immediately after the incident after certificate of fitness given to deceased goes to show that burn injuries sustained by deceased are due to an..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Cruelty - Investigation of case is complete - Trial Court yet to take a call on report filed by police - Petitioners had already been in jail around a year - Bail granted...........
Indian Penal Code, 1860, Section 498A -- Criminal Procedure Code (Amendment) Act, 2008 - Issue a writ of mandamus - For a uniform policy of registration of FIR, arrest and bail in cases of S.498-A IPC - Constitutional Bench suggested that preliminary enquiry may be held in matrimonial/family disputes - Offence u/s 498-A IPC being cognizable and no, bailable offence,..........