Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307 -- Murder - Bail - Cross cases lodged by parties - Petitioner aged 67 years - No specific injury attributed to him though in FIR specific roles are ascribed to other accused - Bail allowed...........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - Murder - Bail granted by High Court without considering the criminal history of the accused, evidence available against them, threats to the life of the complainant/appellant and his family members and likelihood to abscond from the criminal courts of justice and rendering the fair trial impossible - Bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Murder - Bail - Accused inflicted an injury to PW but no injury attributed to petitioner on the person of deceased - Three co-accused already granted bail whose role was similar to that of accused - Accused already in custody for 2 years and 8 months - Trial to take time - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, 437, Indian Penal Code, 1860, Section 302 -- Murder - Bail - Conspiracy to commit murder - No prima facie evidence brought to notice of Court except retracted confession of accused - Bail allowed...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Murder - Bail - Bail to a juvenile is mandatory - Bail to him can only be declined if there are reasonable grounds for believing that his release is likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger or that his release..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Cancellation - High Court granted bail in a murder case - Accused also involved in other serious offences - High Court did not consider this fact while exercising its discretion of granting bail - Bail cancelled...........
Indian Penal Code, 1860, Section 300 -- Murder - Accused armed with deadly weapons assaulted deceased - Motive proved as father of accused was murdered for which deceased were made accused and were granted bail prior to date of alleged occurrence - Presence of eye witnesses at place of occurrence and time of occurrence, not doubtful - Testimony of eye witnesses trustworthy..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Murder - Sentence of life imprisonment - Appeal - High Court suspended execution of sentence on ground that accused during trial were on bail and they did not misuse the liberties - Effect of bail granted during trial loses its significance when on completion of trial accused is found..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Appeal - Suspension of sentence - Relevant factors for consideration are: nature of accusation against accused, manner in which the crime is alleged to have been committed, the gravity of the offence, and the desirability of releasing the accused on bail...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Appeal - Suspension of sentence - Granted on the ground that accused had been granted parole on three occasions and there was no allegation of any misuse of liberty during the period of parole without considering relevant factors for suspension of sentence - Order..........
