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..........
Indian Penal Code, 1860, Section 454, 380 -- Offence u/ss 454, 380 IPC - Place of occurrence i.e. Gurudwara Sahib is accessible and open to anyone and mere presence of accused cannot be considered that he entered there with intention to commit theft particularly, when evidence on material aspects was lacking to accept alleged commission of theft - Conviction set aside -..........
Criminal Procedure Code, 1973, Section 238, 239, 241, Indian Penal Code, 1860, Section 454, 380, 34 -- Conviction on plea of guilt - Non-compliance of provisions of Ss.239, 240 Cr.P.C - Offence u/ss 454, 380, 34 IPC - Procedures prescribed by Ss.239, 240 Cr.P.C i.e consideration by Magistrate of police report and matter submitted before it and an opinion formed that charge..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 454 -- Bail - Challan against accused has been filed in Court, however, charge is yet to be framed - Accused not named in FIR and recovery has already been effected partially after arrest that accused in judicial custody and offences are triable by Court of Judicial Magistrate and trial is at..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 454, 380 -- Bail - Offence u/ss 454, 380 IPC - Petitioner joined the investigation but no recovery effected from him - He is permanent resident of place where FIR is registered and has roots in society - Petitioner always available to face trial - Bail granted subject to certain conditions -..........
Indian Penal Code, 1860, Section 454, 380, 75 -- Offence u/ss 454, 380, 75 IPC - Accused questioned by Magistrate on the same day on which he furnished the documents u/s 207 Cr.P.C. to accused - Accused also deprived of engaging a counsel of his choice - More so, Magistrate neither followed the procedure of summary trial nor procedure of summons case or procedure of trial..........
Indian Penal Code, 1860, Section 380, 454 -- Lurking house trespass - Accused charged with offence of theft and lurking house trespass - Accused acquitted of offence under section 380 IPC - Lurking house trespass or house breaking itself would not bring it within the four corners of Section 454 unless and until it is established that the lurking house trespass or house..........
