Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302 -- Cancellation of bail - Murder - State failed to file petition seeking cancellation of bail against accused - State remained negligent and did not even feel it necessary to enter appearance and contest the matter - It is only after High Court took serious view and directed State to muster..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Offence u/s 306 IPC - Allegations are that accused after marriage with deceased went abroad and fail to return from there - In view of allegations, a debatable issue arises as to applicability of S.306 IPC - Culpability if any shall be determined at trial which is not likely to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B, 409, 477A -- Bail - Offence u/ss 420, 406, 467, 468, 471, 120-B, 409, 477-A - Investigation continued for a period of four years and petitioner was never arrested - As now challan has been presented and as such custodial interrogation of petitioner is not required -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 323, 307, 506, 467, 468, 471, 201, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 148, 149, 323, 307, 506, 467, 468, 471, 201, 120-B IPC and Ss.25, 27 Arms Act - Admittedly, it is a case of version and cross-version and petitioner himself is injured - `L' who is accused in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 506, 120B, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Offences u/ss 363, 366-A, 376, 506, 120-B IPC and Ss.3, 4 POCSO Act - Perusal of FIR does not depict any role to petitioner in commission of offence - Petitioner is behind bars and that..........
Criminal Procedure Code, 1973, Section 439, Punjab Excise Act, 1914, Section 61 -- Bail - Offence u/s 61 of Punjab Excise Act - Recovery of 1350 kgs of `lahan' and 200 bottles containing 750 ml. each illicit liquor - Petitioner already on bail in other cases - Petitioner is in custody in present case and no fruitful purpose would be served by further detaining petitioner..........
Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 -- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 302, 341, 148, 149, 201, 120-B IPC and S.27 Arms Act - Admittedly co-accused are already released on bail - Even, all material witnesses have been examined - As trial may take some time to conclude and no purpose would be served by keeping the petitioner in custody therefore, bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 368, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Bail - Rape of married woman - Prosecutrix is aged about 30 years and a married woman - She travelled with accused and stayed with him for about one month - FIR lodged on an application..........
