Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 34 -- Bail - Attempt to murder - Petitioner is involved in 12 other cases - However, involvement of petitioner in other cases is not by itself a ground to reject bail application and question of grant of bail to petitioner has to be considered on facts and circumstances of the case -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 143, 430, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(S), 3(2)(va) -- Anticipatory bail - Offence u/ss 323, 341, 143, 430 IPC and Ss.3(1)(S), 3(2)(va) of SC/ST Act - No averments in FIR that offence in question was committed considering..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201 -- Bail - Murder - Decomposed dead body was recovered from canal which was not proved to be of deceased - Sample of burnt bone sent to FSL returned for lack of testing facility - However, there is deliberate omission by police to send sample of burnt bone to FSL where testing..........
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 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397, 412 -- Bail - On parity with co-accused - Offence u/ss 395, 397, 412 IPC - Co-accused already granted bail - Though accused has criminal history of three cases, but he enlarged on bail in two cases and in one case he is languishing in jail since 2012 - Bail granted to accused with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 353, 333, 147 -- Bail - Offence u/ss 353, 333, 147 IPC - Accused refuted the allegation that he alongwith other inmates, assaulted jail staff - Accused alleges that he was given merciless beatings by jail authorities and he suffered 11 injuries while in custody - It is thus, a fit case to grant..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 506, 120B, 34 -- Quashing of complaint - Cheating - Criminal conspiracy - Allegation that accused entered into a conspiracy with deceased accused for making agreement for sale of flat or to deceive complainant - However, there is no averment at all in complaint to indicate that accused were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Petitioner was not named in the FIR - He was arrested on basis of supplementary statement on basis of CCTV footage - However, there is no mention of CCTV footage in initial FIR - Even photographs of CCTV footage show a man with a muffled face - Trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 365, 506, 34 -- Bail - Attempt to murder - MLR of victim reveal 13 injuries on person of injured - However, said injuries are virtually on non-vital parts of body of victim - Allegation pertaining to running over of a vehicle over injured could not be substantiated by medical evidence -..........
