Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, 34 -- Bail - Offence u/ss 498-A, 304-B, 34 IPC - Dowry death - Father-in-law in custody for about 10 months - No specific allegation against petitioner that he made any demand during marriage or thereafter - Petitioner not prima facie guilty of committing offence u/ss 498-A, 304-B IPC..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cancellation - Granted by Sessions Court - Cancelled by High Court - Nothing on record that there was interference or attempt to interfere with the due course of administration of justice by the accused - No evidence that accused in any manner abused concession granted to him - No supervening circumstances..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Case of carrying 50 bottles of illicit liquor in a stolen vehicle - Owner not knowing who stole the vehicle and by whom the vehicle was being misused for transporting the illicit liquor - Owner is entitled to bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439(2) -- Anticipatory bail - Cancellation of - Accused sold property for Rs.20 crores to a third party without knowledge of de facto complainant who contributed Rs.1 crore for purchase of property - Taking note of the same, while granting anticipatory bail, condition to deposit title deeds of property worth Rs.25 lakhs came to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 506 -- Bail - Offence u/ss 302 and 506 IPC - Parity not a sole ground for bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 506 -- Bail - Offence u/ss 302 and 506 IPC - Keorsene oil poured by co-accused who was granted bail - Plea of parity - Specific role against applicant - Held, parity is not the sole ground for grant of bail - Bail declined...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 302 -- Bail - Offence u/ss 147, 302 IPC - No role assigned to applicant - Co-accused enlarged on bail - Points pertaining to the nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regrading proposed evidence and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Ground of parity - Held, on granting bail by one Judge to any accused, another Judge is not under obligation to grant bail to similarly place co-accused on basis of principle of parity without considering merit...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder - Long period in jail - Held, mere long period of incarceration in jail would not be per-se illegal - If accused has committed offence, he has to remain behind bars - Such detention in jail even as an under trial prisoner would not be violative of Art. 21 of the Constitution...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 2(k), 49, 12 -- Juvenile - Bail - Accused contended that he was juvenile - Incident took place on 11.01.2007 - As per admit cards issued by the Bihar Madhyamik Pariksha Samiti, Patna, date of birth of accused 14.06.1990 - Held, accused was juvenile on the date of offence and his case covered under..........
