Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - Case of no injury - Accused is in custody since 1.7.2020 - Even, accused is not attributed gunshot fire - Trial of case would take time to conclude - No useful purpose would be served by keeping accused behind bars - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 341, 342, 352, 324, 379, 307, 34 -- Discharge - Offence u/ss 341, 342, 352, 324, 379, 307, 34 IPC - Accused struck an axe blow on head of deceased - Allegation of snatching of gold chain of informant and deceased is also made - Merely because accused has filed two criminal cases against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 336, 148, 149, Arms Act, 1959, Section 25, 27 -- Quashing of complaint - Attempt to murder - Compromise arrived at between parties - Court satisfied that compromise had been entered into by parties voluntarily, without coercion and undue influence and genuine - Complaint and summoning order..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 323, 326, 341, 506 -- Bail - Double murder case - Specific allegations against accused are on record - Serious offence of double murder has taken place motivated by previous enmity on account of party politics, leading to death of both the sons of complainant - Order granting bail set..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Specific roles have been attributed to each of accused by injured that each accused individually attacked complainant with a deadly object on furtherance of common intention of killing him - Weapons used and injuries inflicted were more than sufficient to cause death in ordinary course of nature - Injuries have..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Accused were all armed with deadly weapons - They surrounded complainant and in a brutal attack caused him gruesome injuries and disabled him for life - Accused have not undergone even half of their sentence period - Having enjoyed more productive part of their lives outside jail cannot..........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, Indian Penal Code, 1860, Section 307, 149, 34 -- Attempt to murder - Alteration of charges u/s.149 to S.34 IPC - Each accused individually attacked complainant with deadly objects with common intention of killing injured i.e. informant - Since attack was pre-planned..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3 -- Attempt to murder - Non-examination of independent witnesses - Presence of independent witnesses in every case at the time of incident is not correct as for most violent crimes are seldom anticipated - Adverse inference must be drawn as per facts and circumstances of each case...........
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...........
