Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 352, 149, 147, 148, 504, 34 -- Bail - Double murder as a result of fire arm injury - Role of first respondent emerged during course of investigation, followed by filing of charge sheet - First respondent on being granted bail failed to co-operate in the expeditious disposal of trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 302, 201, 120B -- Bail - Kidnapping and murder - Petitioner arraigned as an accused on the statement of co-accused - Merely because petitioner was in touch with co-accused, who is his brother, would not by itself be an incriminating circumstance - There is no other material to implicate..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - High Court granted bail to accused without taking into consideration the relevant facts and circumstances and appropriate evidence which proves that accused has been charged with a serious offence - Grant of bail to accused only on the basis of parity shows that order..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Allegation of administering overdose of intoxicant to deceased is against co-accused - No allegation on record that accused ever met deceased or inflicted injury upon him - More so, as per medical report of deceased no poison found in body of deceased - Trial of case is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323 -- Bail - Murder - Statement of eye witness in question having no evidentiary value in the eyes of law - Implication of applicant would not be proper on the basis of other circumstantial evidence and corroborative material which would be seen during trial - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 323, 324, 354, 147, 149, 506 -- Juvenile - Bail - Murder - Juvenile is below 18 years of age and has no criminal history - Role of juvenile and adult co-accused who is already granted bail having identical role - There is no justification to hold juvenile..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Bail granted by High Court by passing a very cryptic and casual order, de hors cogent reasoning - Court though not to engage in an elaborate discussion on merits of the case but in the instant case bail granted by not taking not account even a single aspect of the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 326 -- Bail - Murder - Accused not named in FIR - He had been nominated on basis of statements of injured witnesses and also on basis of disclosure statements of co-accused, admissibility of which would be debatable - Accused has been behind the bar for a substantial..........
