Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 451, 506, 148, 149, 120B, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Accused are in judicial custody for last more than 2 years - Conclusion of trial is likely to take a long time - Accused have volunteered to pay Rs.50,000/- each to victim towards his medical expenses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 326, 323, 506, 148, 149, 120B, Arms Act, 1959, Section 27, 30, 54 -- Bail - Offence u/ss 302, 326, 323, 506, 148, 149, 120-B IPC and Ss.27, 30, 54 Arms Act - Status report shows that petitioner was actively involved in offence as per statements of injured persons u/s 161 Cr.P.C. - Only two..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 25, 54, 59 of Arms Act and S.34 IPC - Vehicle in question transferred in favour of petitioner by its previous owner - If vehicle in question is allowed to be parked in police station it may become unfit for road worthiness - Since trial of case is likely to take some..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 153A, 153B -- Sanction for prosecution - Offence u/ss 153-A, 153-B IPC - Prior sanction u/s 196 Cr.P.C of competent authority is sine quo non for taking cognizance of offences u/ss 153-A, 153-B IPC - Violation of S.196 Cr.P.C renders entire criminal proceedings without jurisdiction and without..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Accused was under an obligation to give a plausible explanation regarding cause of death in the statement recorded u/s 313 Cr.P.C. - Mere denial not an answer when murder was committed in the house and only family members were staying and fact that family..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 380, 148, 149, 427 -- Bail - On parity basis - Murder - Accused not attributed injury or role - Trial is not likely to conclude soon - Accused seeks parity with other co-accused - State is not in a position to dispute parity with other co-accused who have been granted interim bail -..........
Indian Penal Code, 1860, Section 302 -- Murder of father by son - Circumstantial evidence - Accused stabbed deceased on the neck with knife which resulted in death of deceased - PW2 and PW3 rushed to place of occurrence immediately after the incident and they found accused present in the house - No explanation offered by accused for deceased suffering a lot of incised..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 379B, 427, 452, 506, 34, 326 -- Bail - Offence u/ss 323, 324, 326, 379-B, 427, 452, 506, 34 IPC - Merely because compromise has been effected between parties, cannot be termed as circumstance to extend concession of bail to accused, particularly because five other cases have been..........
Prevention of Corruption Act, 1988, Section 17, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 409, 468, 471 -- Person authorized to investigate - Offence u/ss 13(2), 13(1)(d) of P.C. Act and Ss. 420, 409, 468, 471 IPC - Applicant is not a public servant - There is no pleadings with regard to prejudice caused to him or miscarriage of justice on account of enquiry..........
Indian Penal Code, 1860, Section 448, 323 -- Offence u/ss 448, 323 IPC - Long standing land dispute between parties which resulted in case and counter case between them - Complainant stated in her complaint that all four accused assaulted her in her house whereas at the trial she stated that 3 accused attacked her in her house - Two neighbours of complainant who allegedly..........
