Showing : 1-10 of 39 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..........
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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 506, 148, 149, Arms Act, 1959, Section 25, 27-- Bail - Murder - Petitioner though named in FIR but no role attributed to him - Co-accused already granted bail - Role attributed to petitioner is akin to that of co-accused and thus, treating the petitioner on same parity, he be released on bail - Bail granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Ninth bail application - Murder case - Accused spent 7 years in jail as under trial and the manner in which trial is being conducted entitles the accused to grant of bail - All the material witnesses of case examined except one which is not even summoned as a witness - No explanation as to why..........

Showing : 1-10 of 39 Results