Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 384 -- Bail - Cheating - Accused has been behind bars since last about 3 months and 9 days - Keeping in view the role attributed to accused, further detention of accused will not serve any useful purpose, as conclusion of trial will take some time - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Anticipatory bail - Cheating - Civil suit is already pending before civil Court with regard to almost similar allegations - Accused has no criminal history - Bail granted to accused with conditions...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs 2 and 3 turned hostile to prosecution case - No evidence regarding extra judicial confession made by accused - However, such component of evidence has been taken into consideration - No evidence on record to show that deceased died a homicidal death as Doctor who conducted postmortem examination has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 459, 460, 380, 302, 411, 120B -- Bail - Offence u/ss 459, 460, 380, 302, 411, 120-B IPC - Prosecution not collected any forensic evidence to prove involvement of petitioner - The only eye-witness stated that he could not properly see the accused - Accused has no criminal antecedents - Bail..........
Indian Penal Code, 1860, Section 307, 324, 341 -- Reduction of sentence - Amicable settlement - Non compoundable offences - However amicable settlement is a relevant factor for the purpose of reduction in the quantum of sentence...........
Indian Penal Code, 1860, Section 324, 341, 307 -- Offence u/ss 324, 341, 307 IPC - Reduction of sentence - Parties entered into an amicable settlement - Settlement not result of any coercion or inducement - Appellants have no other criminal antecedents, no previous enmity and today are married and have children - Sentence reduced to period already undergone by them...........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Testimony of child witness - Murder of four members of one family - PW5 is five years old son of deceased - Inconsistencies as regards whether PW5 witnessed the incident cannot be..........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Murder of four members of one family - Nothing on record to suggest or suspect involvement of two co-accused in crime except their sample fingerprints matched with those lifted from house..........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Murder of four members of one family - Prosecution did not attempt to prove that call received by deceased `N' could be associated with accused `H' - Evidence of PW2 who had seen accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452, 396, 323, 326, 212, 412, 201, 120B -- Bail - Offence u/ss 307, 452, 396, 323, 326, 212, 412, 201, 120-B IPC - Active role played by accused in commission of crime - Accused was instrumental in managing certain objects for commission of crime as per investigation - Considering gravity and..........
