Indian Penal Code, 1860, Section 302, 149, 325 -- Triple murder case - Common object - Prosecution failed to establish which amongst accused has inflicted which particular injury to three deceased - PWs stated that accused have assaulted deceased persons by fists and kicks - Injuries found on deceased such as fracture of ribs and bone would fall under definition of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 148, 149, 404, 216, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner was not named in the FIR - He was named only after disclosure statement of co-accused - Petitioner has been denied his personal liberty since 15.7.2019 - Trial of case is likely to take time - No useful purpose..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 148, 149 -- Anticipatory bail - Cannot be granted to an accused who is absconding...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 336, 148, 149, Arms Act, 1959, Section 25, 27 -- Quashing of complaint - Attempt to murder - Compromise arrived at between parties - Court satisfied that compromise had been entered into by parties voluntarily, without coercion and undue influence and genuine - Complaint and summoning order..........
Indian Penal Code, 1860, Section 148, 149 -- Common object - Accused more than 5 at the time of charge sheeting, but owing to acquittals of some of them over course of trial, remaining number of accused falling below five - Charge u/ss 148, 149 does not survive - Accused acquitted...........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, Indian Penal Code, 1860, Section 307, 149, 34 -- Attempt to murder - Alteration of charges u/s.149 to S.34 IPC - Each accused individually attacked complainant with deadly objects with common intention of killing injured i.e. informant - Since attack was pre-planned..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder - Applicant a juvenile on the date of occurrence and does not having criminal history - He has been in confinement for an unduly long period of time - Trial of case is not concluded within time frame contemplated by JJ Act -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 325, 342, 379B, 506, 307, 148, 149 -- Bail - Murder - Accused is in custody for last more than 3 years - Trial is moving at a very slow pace due to COVID-19 situation - Co-accused is granted bail after dismissal of bail application of accused - Bail held, granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 451, 506, 148, 149, 120B, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Accused are in judicial custody for last more than 2 years - Conclusion of trial is likely to take a long time - Accused have volunteered to pay Rs.50,000/- each to victim towards his medical expenses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 326, 323, 506, 148, 149, 120B, Arms Act, 1959, Section 27, 30, 54 -- Bail - Offence u/ss 302, 326, 323, 506, 148, 149, 120-B IPC and Ss.27, 30, 54 Arms Act - Status report shows that petitioner was actively involved in offence as per statements of injured persons u/s 161 Cr.P.C. - Only two..........
