Indian Penal Code, 1860, Section 391, 399 -- Offence u/ss 391, 399 IPC - Numerical requirement of five or more persons is a mandatory and indispensable ingredient of offence u/ss 391, 399 IPC...........
Indian Penal Code, 1860, Section 399 -- Preparation of dacoity - A-1 alongwith two other accused named in charge sheet were found travelling with material articles by itself is not a ground to hold that they were making preparations to commit dacoity as alleged by prosecution - No evidence on record to show that petitioner/A-1 made preparations for committing dacoity -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 439 -- Recovery of 285 gms heroin - Bail - Petitioner has been in custody since 24.12.2017 - No overt act has been committed by petitioner and co-accused - No recovery has been effected from..........
Indian Penal Code, 1860, Section 399, 402 -- Offence u/ss 399, 402 IPC - Accused along with four other persons assembled in a lonely place in the odd hours of night - Some articles were recovered from accused - However, that by itself cannot be said that articles seized from possession of accused can be utilized only for purpose of committing dacoity and for no other..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/ss 399, 402 IPC and Ss.4, 25 of Arms Act - Keeping in view the nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any convincing material to indicate possibility of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 399, 402 IPC - Petitioner was never arrested at the spot - Five persons who were stated to be making preparation for committing dacoity were all apprehended at the spot - Petitioners is stated to be nominated only on basis of..........
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Offence u/ss 399, 402 IPC and S.25 of Arms Act - Reduction of sentence - Incident occurred in 1980 - Accused was young boy at that time - Conduct of accused in jail satisfactory as per jail report - Accused not involved in any other criminal case - Sentence of accused limited to period already..........
Indian Penal Code, 1860, Section 399, 402, 428 -- Preparation to commit dacoity - Secret information - Mere assemblage will not attract application of Ss.399, 402 IPC, unless and until there happens to be assemblage for the purpose of commission of dacoity which prosecution is under obligation to properly identify - Accused acquitted...........
Indian Penal Code, 1860, Section 399, 402 -- Preparation of dacoity - Accused acquitted u/s 27 of Arms Act - If charge under Arms Act not proved against accused then how can it be said that accused were preparing for committing dacoity with those arms and ammunitions - Even otherwise, recovery memo shows that there is no signature or thumb mark of accused on it - Copy of..........
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Dacoity - Secret information - Allegation that accused persons assembled together in the grove of guava and were planning to commit dacoity in the house of pradhan of village - However, neither any firing was done by miscreants assembled with deadly weapons nor person whose residence dacoity was to be..........
