Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302 -- Default bail - Juvenile in conflict with law - Murder case - Time period available to investigating agency to complete investigation in the case involving a child in conflict with law, who is alleged to have committed murder is 90 days not 60 days...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Juvenile in conflict with law - Murder case - Accused arrested on 7.11.2017 and was produced before JJ Board on 8.11.2017, wherefrom he was sent for 3 days remand - Challan was presented on 5.2.2018 - While computing the period of 90 days of custody, day on which accused remanded to judicial custody has to be..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail to juvenile - Kidnapping and murder case - Petitioner was 17 years of age on the date of occurrence - He was just about to reach the age of majority - Victim of offence of kidnapping and murder was also a child of age of 16 years - If bail is granted to petitioner then it will be a gross..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 120B -- Bail - Murder of wife by husband - Cruelty - Material collected by CBI during investigation is documentary on basis of photographs which was to be tested during trial - Family members of deceased and some doctors who were close to family arrived after the incident and postmortem..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Honour killing - Prima facie involvement of applicants in the murder of deceased is on record - Though case is of circumstantial evidence, but in totality of circumstances, materials which are recovered, it can be said that applicants are involved in brutal murder of deceased - Bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Grant of bail merely on the ground that deceased belonged to another religion without discussing relevant factors relating to granting or withholding bail in a murder case - Order granting bail set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59 -- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Murder - In crimes like murder, mere fact that accused was in custody for more than one year, may not be a relevant consideration for grant of bail...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 27 -- Attempt to murder - Compounding of offence - Compromise entered in between parties, who are closely related to each other - Accused has faced protracted trial for more than 15 years - No useful purpose will be served by sending accused behind bars, who is stated to be on bail - Conviction upheld - However,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 364A, 368, 302, 147, 148, 342, 324, 201, 120B -- Bail - Kidnapping and murder - Case of both the accused not distinguishable from co-accused, who is already enlarged on bail - Both the accused are not named in the FIR and no incriminating material is recovered from them - Inconsistencies were..........
