Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Application for bail - Murder - Considering that petitioners have been in custody for a long period of 3 years and trial nowhere near conclusion - It results into punishment of sentence of imprisonment without them having been convicted - Therefore, petitioners are liable to be admitted on..........
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..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 25, 54, 59 of Arms Act and S.34 IPC - Vehicle in question transferred in favour of petitioner by its previous owner - If vehicle in question is allowed to be parked in police station it may become unfit for road worthiness - Since trial of case is likely to take some..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 153A, 153B -- Sanction for prosecution - Offence u/ss 153-A, 153-B IPC - Prior sanction u/s 196 Cr.P.C of competent authority is sine quo non for taking cognizance of offences u/ss 153-A, 153-B IPC - Violation of S.196 Cr.P.C renders entire criminal proceedings without jurisdiction and without..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Accused was under an obligation to give a plausible explanation regarding cause of death in the statement recorded u/s 313 Cr.P.C. - Mere denial not an answer when murder was committed in the house and only family members were staying and fact that family..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 380, 148, 149, 427 -- Bail - On parity basis - Murder - Accused not attributed injury or role - Trial is not likely to conclude soon - Accused seeks parity with other co-accused - State is not in a position to dispute parity with other co-accused who have been granted interim bail -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 379B, 427, 452, 506, 34, 326 -- Bail - Offence u/ss 323, 324, 326, 379-B, 427, 452, 506, 34 IPC - Merely because compromise has been effected between parties, cannot be termed as circumstance to extend concession of bail to accused, particularly because five other cases have been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452, 506, 34, 188 -- Bail - Attempt to murder - Sole allegation against accused is of hitting complainant with baseball bat on his head - Complainant was under the influence of liquor at the time of alleged incident - Co-accused already granted bail - Trial of case is likely to consume time -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim aged about 16 years and accused 21 years of age and both are residents of adjacent villages - She voluntarily leaving her home under the pretext of fetching water from water..........
