Showing : 1-10 of 41 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34-- Bail - Murder of husband by wife - Allegation of murder is subject to scrutiny of prosecution evidence on record and under trial detention should not be used as conviction before trial - Moreover, only official witnesses are to be examined and accused may not be in a position to influence such..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34-- Bail - Murder - Case of blind murder based on circumstantial evidence - Dead body not identified by complainant - Recovery of knife does not relate with commission of offence - Human blood stated to be found on knife and handkerchief used by deceased but it has not been compared with blood of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302-- Cancellation of bail - Murder - State failed to file petition seeking cancellation of bail against accused - State remained negligent and did not even feel it necessary to enter appearance and contest the matter - It is only after High Court took serious view and directed State to muster his..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34-- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be enlarged on bail on same terms and conditions as..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12-- Juvenile - Bail - Offence u/ss 302, 120B IPC - No exceptional circumstances made out to decline bail to juvenile as indicated u/s 12 of the Act - Hence, bail granted - However, juvenile is directed to furnish personal bond by his natural guardian (father) of Rs.40,000/- alongwith surety of like..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 120B-- Bail - Murder of wife by husband - Cruelty - Material collected by CBI during investigation is documentary on basis of photographs which was to be tested during trial - Family members of deceased and some doctors who were close to family arrived after the incident and postmortem was conducted in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 120B, 302, 307, 324, 326, 124A, 438, 440, Explosive Substances Act, 1908, Section 3, 4, 6, Prevention of Damage to Public Property Act, 1984, Section 3, 4-- Bail - Claim for parity - In the instant case, petitioner planted bomb in Samjhauta express resulting in death of 68 persons - Petitioner claiming parity with another accused who has been granted bail on ground that he is 80 years of age and by taking into consideration his constitutional right of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34-- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is not even remote whisper that..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 364A, 368, 302, 147, 148, 342, 324, 201, 120B-- Bail - Kidnapping and murder - Case of both the accused not distinguishable from co-accused, who is already enlarged on bail - Both the accused are not named in the FIR and no incriminating material is recovered from them - Inconsistencies were found in the police statement of ocular witness -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 308, 201, 212, 34-- Cancellation of bail - Murder case - Complainant identified the accused during course of investigation - Eye witnesses supported version of complainant - Factum of incident verified during course of investigation through CCTV footage - Deceased died in the hospital and there were 21 injuries on..........

Showing : 1-10 of 41 Results