Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Applicant not named in FIR - Identification of applicant not done by the informant - Person claiming to be eye witness and relative of deceased did not carry deceased to hospital nor lodged FIR - In the charge-sheet it was mentioned that from unknown sources the complicity..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Attempt to murder - Common intention - Fire arm injuries - Old enmity between parties - Prosecution version supported by witnesses - Charge-sheet submitted against accused by C.B.C.I.D. - Probability of fleeing the accused from justice and his tempering with the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 324, 504, 506, 323, 307 -- Quashing of charge-sheet - Informant sustained guns shot injury and blunt object injuries - Charge-sheet under S.307 IPC laid before the court prior to taking cognizance of offence - Incident alleged to have taken place on 28.5.2004 at 1 P.M. - Application..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 468, 471 -- Bank fraud to the tune of 50 crores - Accused in jail for 2-1/2 years - Charge sheet filed - Trial to take long time as 150 witnesses cited - Since huge amount is involved in the systematic fraud, there is danger of appellants absconding, if released on bail, or will attempt to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - Reason for grant of bail not indicated - Bail granted by observing that surreptitiously offence was converted into offence u/s 304 IPC - Charge sheet was filed for offence u/s 304 IPC - Merely because at some earlier point of time investigation proceeded on the line as if offence punishable..........
Criminal Procedure Code, 1973, Section 167(2), Prevention of Terrorism Act, 2002, Section 49(2)(b) -- Offence under POTA - Bail application on completion of 90 days of arrest and still charge sheet not filed - Prior to completion of 90 days, Special Court under POTA granted extension of time for investigation of offence - Accused not entitled to bail on the this ground...........
Criminal Procedure Code, 1973, Section 167(2) -- Bail u/s 167(2) sought after filing of charge sheet - Held, right to seek compulsory bail u/s 167(2) Cr.P.C. gets extinguished if accused fails to exercise his right before the prosecution files the chargesheet - Right which is extinguished cannot be revived - Though it is an obligation on the part of Magistrate to inform..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 395, 397 -- Offence u/s 395/397 IPC - Bail granted as charge sheet not filed within 60 days in an offence u/ss 395/397 - Order not sustainable - Bail could only be granted if charge sheet is not filed within 90 days in an offence u/ss 395/397 - Bail cancelled - Accused to surrender and to seek..........
Criminal Procedure Code, 1973, Section 167(2) -- Offence u/ss 498-A, 306 IPC - Charge sheet not filed within 60 days - Application for bail filed - Subsequently charge sheet filed with addition of offence u/s 302 IPC - Held, as accused was arrested u/ss 498-A & 306 IPC as such charge sheet was required to be filed within 60 days and charge sheet having not been filed..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail application u/s 167(2) Cr.P.C. and charge sheet filed on the same day - Bail application heard on the next day and bail granted - No time mentioned as to at what time charge sheet was filed - From perusal of record, it is not clear whether charge sheet was filed prior to filing of bail application - It cannot be said..........
