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...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder - Applicant a juvenile on the date of occurrence and does not having criminal history - He has been in confinement for an unduly long period of time - Trial of case is not concluded within time frame contemplated by JJ Act -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 325, 342, 379B, 506, 307, 148, 149 -- Bail - Murder - Accused is in custody for last more than 3 years - Trial is moving at a very slow pace due to COVID-19 situation - Co-accused is granted bail after dismissal of bail application of accused - Bail held, granted to accused...........
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 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 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..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of relative witnesses - PW3 and PW12/eye witnesses are children of deceased - However, PW11 is an unrelated witness and his testimony substantially supports evidence of PW3 and PW12 in all material particulars - PW3 and PW12 were immediately present at the spot and identified accused with various deadly..........
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..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 147, 148, 149, 506, 120B -- Summoning of additional accused - Murder - PW1 clearly, unequivocally and emphatically stated that petitioners have also attacked deceased with lethal weapons and caused injuries to him and killed him - More than a prima facie case, a strong case is made out..........
