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KARNATAKA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 302, 307, 34-- Bail - Offence u/ss 341, 302, 307 read with S.34 IPC - Two other co-accused granted bail - Prima facie material against the petitioner - Quarrel ensued between deceased and petitioner at the first instance and thereafter petitioner with other co-accused caused assault - Interfering with the..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 167(2), Transplantation of Human Organs Act, 1994, Section 18, 19, 20, Indian Penal Code, 1860, Section 307-- Offence u/ss 18 to 20 of Transplantation of Human Organs Act, 1994 and S.307 IPC - Charge sheet filed u/s 22 of 1994 Act - Separate police report u/s 173(2) in respect of offence u/s IPC not filed - Expiry of 90 days - Accused not entitled to bail u/s 167(2) Cr.P.C. as complaint was filed within..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 361, Indian Penal Code, 1860, Section 307-- Benefit of probation to a convict u/s 307 IPC - Grant of relief u/s 361 Cr.P.C. or under Probation of Offenders Act should be granted where the offence is not very grave in nature and in certain cases where mens rea remain absent as in a case of rash and negligent driving u/ss 279 read with S.304..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439-- Robbery - Bail - Grant of - Applicant has been granted bail by another Bench of High Court for offences punishable u/ss 307 IPC and 12/14 U.P.Dacoity Affected Area Act in crime relating to incident in which recovery of Rs.10 lac of robbery is said to have been made from applicant - Held, applicant..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 156, 165-- Judicial interference in investigation - Magistrate directed Investigating Officer to add offence of S.307 IPC and investigate matter properly - Direction given by Magistrate set aside - Held, Court cannot direct investigating agency to focus on any particular offence and do investigation..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 323-- Bail - Offence u/ss 307, 324 & 323 IPC - Bail refused in view of seriousness of offence and manner in which offence was committed...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 143, 341, 323, 307-- Bail - Offence u/ss 143, 341, 323, 307 IPC - Injury attributed to co-accused - Applicant empty handed - Bail allowed without expressing opinion on merits...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Offences u/ss 302 and 307 IPC - Some persons named in the FIR found innocent during investigation and placed under column 2 of the Challan - Complainant in his statement during trial repeated same allegations as made in the FIR - No new fact brought on record by the..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - While granting bail irrelevant and inadmissible evidence considered - Statement of victim u/s 161 Cr.P.C. in case u/s 307 IPC not considered - Defence of accused was that victim attempted to commit suicide and sustained those injuries by fire arm - Theory of prosecution..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482, 320-- Compromise in an offence which is non compoundable - High Court can quash proceedings or FIR even when offence is not compoundable only when offence is akin to a civil nature and not when offence is of serious nature like those u/ss 395, 307 or 304-B IPC - Guiding principles and criteria left open..........

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