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 -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 364, 201, 120B -- Juvenile - Bail - Murder - Accused was minor at the time of occurrence - Main accused has been released - Accused is stated to be implicated as he was driving the vehicle when his friend was also there - He has no criminal antecedents and from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Murder case - Petitioner is evading his arrest for last more than 2 years - He did not appear even after dismissal of his first anticipatory bail application - Innocence of petitioner is yet to be proved before competent Court -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Out of 12 charge-sheeted accused 10 have been granted bail - Petitioner's petition dismissed 2 times - Cases involving honour killing requires fast track investigation - Before granting bail Court is directed to deal with facts and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Materials relied upon by prosecution whether admissible in evidence, is a matter to be decided at the time of trial - As regarding extra judicial confession alleged to be given by accused after about 17 years of alleged incident, is to be decided by trial Court at..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Claim of bail on parity with co-accused - Murder - Co-accused was granted bail for different reasons which are not applicable in case of accused - Moreover, co-accused is a woman and not involved in any other case prior to present case - Petitioner on the other hand is involved..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - Applicants not named in FIR - He has clean antecedents - Applicant is in jail since 12.3.2020 - They are ready to cooperate with process of law and shall faithfully make themselves available before Court whenever required - There is no likelihood of early conclusion of..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 109 -- Default bail - Murder - Petitioner was arrested on 9.3.20 - Final report filed on 18.6.20 after lapse of 90 days - Before final report filed, petitioner moved Court seeking bail - Petitioner entitled to be released on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder case - Taking into account the facts and circumstance of case, 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 tampering with..........
Indian Penal Code, 1860, Section 302, 307, 409, 420, 406, 467, 468, 109, 201, 188, 120B, Arms Act, 1959, Section 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Murder - Bail - No tangible material to indicate that delivery of revolver to assailant was actually by petitioner's son and not petitioner himself - Implicating petitioner in alleged conspiracy when..........