Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 325, 341, 380, 427, 506, 148 -- Anticipatory bail - Attempt to murder - Offence punishable u/s 307 IPC added on basis of medical opinion - No new fact except medical opinion has come during investigation, which required any specific further investigation by police - Without commenting on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304A, 114, 120B, Motor Vehicles Act, 1988, Section 177, 184, 134 -- Bail - Murder of wife by husband - Accused hatched a criminal conspiracy with co-accused to kill his wife and tried to make out an accidental case for monetary benefits - High Court while releasing accused on bail has not at..........
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 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 307, 323, 506, 148.149, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Out of 22 PWs only 2 witnesses have been examined - Factum of complainant not supporting case of prosecution would be subject matter of trial - Conclusion of trial is likely to take time - Bail application held,..........
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 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,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 324, 323, 341, 201, 218, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Attempt to murder - Accused was not named in the FIR - He was summoned only on basis of 4th Supplementary Report - However, charge sheet and 4th Supplementary Report no longer exist - Now, there is fresh..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Blind murder case - Case set up is basically on basis of disclosure statement - No recovery was made from accused - Accused is not involved in any other case - Statement of labourers who according..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Prima facie case against accused is established - Incident occurred in day light and witnesses are neighbouring, naturally residing in locality knowing both accused and complainant - Presence and identification of accused is probable - Role of accused cannot be..........
