Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 302, 201, 120B, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - While granting bail High Court not considered heinous nature of allegations, gravity of offence alleged and severity of punishment in the event of ultimate conviction - Ex facie the allegations are..........
Indian Penal Code, 1860, Section 420, 409, 474, 471, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(i)(d), 7 -- Selling and using bus tickets got printed by the accused of their own and thus causing loss to the Govt. - Recovery of tickets not made in accordance with law, nor the seized tickets could be connected to the three different buses and the..........
Indian Penal Code, 1860, Section 302, 307, 328, 120B -- Double murder - Attempt to murder PW66 - Statement of sole child eye witness/PW66 - Name of accused was not disclosed in the statements of PW66 - PW66 was attempted to be killed and may have been threatened - Moreover, looking to tender age and fact that he suffered injuries on the neck which has been established and..........
Indian Penal Code, 1860, Section 302, 307, 328, 120B -- Double murder case - Recovery of bottle of pesticide - Purchase of bottle of pesticide by accused prior to commission of offence has been established and proved by prosecution by examining PW58 and PW60 - Said bottle of pesticide was recovered from the place of occurrence - PW58 and PW60 fully supported case of..........
Indian Penal Code, 1860, Section 306, 420, 120B -- Abetment of suicide - Suicide note neither paginated, nor same bears any signatures - It casts a serious doubt upon prosecution case that said letter was written by deceased himself, immediately before committing suicide...........
Indian Penal Code, 1860, Section 302, 342, 120B -- Murder - Involvement of accused in crime fully established by testimony of PW4 - Ample evidence of conspiracy between all five accused have been duly proved - Nexus between accused and co-accused is also duly established - Defence of accused was not plausible - Testimony of other PWs also proved the involvement of accused..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3, Indian Penal Code, 1860, Section 302, 120B, 201 -- Parole - Offence u/ss 302, 120-B, 201 IPC - Parents of petitioner are old and remain ill and therefore petitioner seek parole for 6 weeks to take care of his old parents - Release on parole is part of reformative process - Petitioner has been in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 506, 120B -- Anticipatory bail - Offence u/ss 420, 506, 120-B IPC - Petitioner is a young boy aged just 16 years and after considering allegations, and in facts and circumstances peculiar to petitioner, on this ground alone he is entitled to bail - Furthermore, petitioner is a first offender..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
