Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376(g), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Cancellation of bail - Offence u/s 376(g) IPC and S.8 of POCSO Act - As per material on record including the case diary, medical report prima facie case is made out by prosecution - Taking into account the charges..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25(1b)(a), 26 -- Bail - Grant of bail with condition that accused be released after completion of nine months of custody - However, no reason whatsoever furnished by High Court for issuing direction for deferment of bail by a period of nine months - Such direction is unsustainable, thus set aside - Accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 452, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 452, 120B IPC and S.25 Arms Act - Petitioner has been falsely implicated and only allegation against him is that he was keeping vigil outside but there is no evidence of it and this conclusion has also been drawn from..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 323, 394, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d), 3(2)(va) -- Bail - Kidnapping - Accused is in custody since Sep 2017 - Further custody of accused will come in the way of conduct of trial that will have to be held against him -..........
Criminal Procedure Code, 1973, Section 482 -- Permission to go abroad during pendency of trial - Petitioner seeking permission to go abroad for attending marriage of his childhood friend when he is on bail - He is well settled and having financial status in shape of liquid assets and immovable properties in India, which was proved by certain documents on record -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 201, 182, 34 -- Anticipatory bail - Offence u/ss 302, 201, 182, 34 IPC - After more than 5 years and without there being any requirement for custodial interrogation, to decline prayer for anticipatory bail would be to punish petitioner even before he has been found guilty - Even, sons of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/s 307, 34 IPC and S.25 Arms Act - Main accused misused petitioner by taking him along on motorcycle on some false pretext - Petitioner was not aware that main accused would commit some crime as alleged in FIR - Motorcycle recovered from..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Judicial remand extended, in absence of accused, beyond expiry of 60 days - Magistrate was not entitled to extend remand beyond expiry of 60 days - As judicial remand was granted in absence of accused as such accused was not informed of his right to default bail - Bail granted...........
Indian Penal Code, 1860, Section 302, 326A, 460 -- Murder - Acid attack - Death sentence - Accused committed crime in question when he was out on bail in another case wherein he was convicted for murder - Earlier incident is totally unrelated to circumstance of case - Incident occurred when accused being disappointed in his relation with deceased who he believed deserted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 341, 216, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 148, 341, 216, 149 IPC and S.25 Arms Act - No recovery effected from petitioner - Even, there is no eye witness account - All material witnesses have been examined - Trial may take time to conclude -..........
