Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder case - Taking into account the facts and circumstance of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any convincing material to indicate possibility of tampering with..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 307, 509, 34 -- Bail during pendency of appeal - Offence u/ss 307, 509, 34 IPC - Appeal is registered in the year 2020 - Accused have already served out half of sentence - Court is ready to expedite appeal after receipt of case records - Application rejected...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 427, 109, 201, 202, 34, 120B -- Bail - Attempt to murder - Complainant alleges that all accused made an attempt to cause grievous injury to driver/complainant as well as occupant of car - What prevented police to get identification parade done immediately after arrest of accused, not..........
Indian Penal Code, 1860, Section 302, 307, 409, 420, 406, 467, 468, 109, 201, 188, 120B, Arms Act, 1959, Section 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Murder - Bail - No tangible material to indicate that delivery of revolver to assailant was actually by petitioner's son and not petitioner himself - Implicating petitioner in alleged conspiracy when..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Recovery of weapon of offence - Recovery effected from confession of accused - Weapons were dug out from underneath sand in an open ground - It cannot be said that recovery of weapon of offence was from an open place accessible to all - Minor discrepancies in evidence and..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Complainant and victim as eye witness identified accused - Recovery of weapon of offence on the confession of accused from underneath ground from place shown by accused proved by oral evidence of panch witness - Panch witness also identified accused in Court, as person at..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Enhancement of sentence - Prosecution proved its case against accused - Considering gravity and seriousness of offence, sentence of accused enhanced u/ss 307, 114 IPC to 7 years...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 307, 323, 504, 506 -- Juvenile - Bail - Attempt to murder - All adult accused have been admitted to bail including co-accused, who is credited with role of assault with a knife - No positive material on the basis of which it may be inferred that in the event of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 148, 149 -- Anticipatory bail - Attempt to murder - FIR contains facts that main accused was accompanied by four other persons and when he was arrested he named petitioners, who are his relatives - Such statement can certainly be taken into consideration for providing lead in..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 18, 18A, Indian Penal Code, 1860, Section 307, 354B, 323, 324, 504, 149, 143, 147, 148 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.307, 354-B, 323, 324, 504, 149, 143, 147, 148 IPC - No specific abuse..........
