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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 188, 147, 148, 153, 323, 505, 435, 120B, 34 -- Bail - Murder - Prima facie no material is available with prosecution from statements of eye witnesses or video clips of mobile phones to show that petitioners were part of mob which caused unlawful activity at Gali No.1 resulting in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Ten eye witnesses categorically stated that accused came in motorbike and assaulted deceased with two weapons - Question of showing any sympathy to accused in respect of his family background is thus, not warranted - If accused is granted bail, there is every possibility of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 376D, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 10 -- Bail - Juvenile - Kidnapping, rape and murder - Case was initially lodged against unknown persons - None had seen petitioner and his associate taking away victim -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Appeal against order granting bail - Brutal murder of son of complainant committed by accused - Postmortem report of deceased would indicate as many as eight ante mortem injuries - Bail granted having regard to the larger mandate of Art.21 of the Constitution - Though protection of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 307, 323, 342, 147, 148, 149, 508 -- Cancellation of bail - Double murder case - Accused granted bail on basis of parity with co-accused - However, bail granted to co-accused was cancelled - Since bail was sought by accused on a footing of parity, bail granted to accused also stands..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149 -- Bail - Double murder case - Accused specifically named in FIR, which was lodged shortly after the incident - Father and uncle of complainant died - Issue as to whether there was a grave and sudden provocation is a matter of trial - High Court was not justified in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 380, 454 -- Bail - Murder - Accused is involved in heinous offence - After going through challan, it cannot be said that case is of no evidence against accused only for the reason that there is no eye witness of occurrence as per challan nor can it be finally said that circumstantial evidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54 -- Bail - Attempt to murder - Once during trial injured person has failed to identify accused being one who has inflicted injuries upon him and trial is likely to take some time before same finishes, no useful purpose will be served by keeping..........
Indian Penal Code, 1860, Section 307, 323, 324, 326, 427, 506(H), 341, 143, 147, 148, 149, 120B, 201, 202, 153A, 212, Explosive Substances Act, 1908, Section 3, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 18B, 19, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Attempt to murder - Bomb blast - Criminal conspiracy - Accused is in jail for more than..........
