Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Bail - Murder - Eye witness when tried to prevent assaulting victim, he was also taken in car and in his presence only inflicted the injuries and committed the murder - In such circumstances, individual role of each of accused cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Deceased has been done to death mercilessly due to strangulation in the house of accused - Without delving into merits and demerits of the matter, this is not a fit case where bail is to be granted - Bail application rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Unnatural offence - Victim and her father retracted from their previous statements while appearing in witness box - No purpose is going to be served by subjecting accused to custodial interrogation at..........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - A person against whom a warrant is issued and is absconding or concealing himself in order to avoid execution of warrants and proceedings u/s 82 Cr.P.C. initiated against him, is not entitled to relief of anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380 -- Anticipatory bail - Husband surrendered tenancy and removed household items without informing the wife and without her consent and knowledge - Law does not permit even the husband to take household articles including jewellery in this manner - Only because a complaint of wife in relation to..........
Indian Penal Code, 1860, Section 304B, 306, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 304B, 306, 498A IPC and Ss.3, 4 Dowry Prohibition Act - Suspension of a sentence - Held, while considering an application for suspension of sentence and to release the accused on bail it will notice the gravity of the offense, and its social impact - Similarly,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 346, 364, 201, 34, Arms Act, 1959, Section 25 -- Second bail application - Murder - Accused is in long judicial custody - Out of 36 PWs, only 3 witnesses have been examined so far - Conclusion of trial is likely to take a long time - Bail application allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201 -- Second bail application - Cheating - Accused placed on record zimini orders passed after dismissal of earlier bail application which are about 23 in number whereby trial Court repeatedly adjourned the case - Delay has been caused at the hands of prosecution - It is not a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Victim was just above 17 years - Consent if any pales into insignificance - Even if consent is presumed, willingness was absent as indicated by medical examination report of victim - Act was resisted by..........
