Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353 -- Anticipatory bail - De facto complainant was attending an enquiry based on a complaint filed by a lawyer - It cannot be said that de facto complainant was in lawful discharge of his duty as a public servant at the time of incident of ill treating lawyer - Simply because de facto complainant..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 332, 353, 186, 379B, 307 -- Bail - Offence u/ss 148, 149, 332, 353, 186, 379-B, 307 IPC - Petitioner along with some workers were making a peaceful protest outside factory premises regarding non-payment of wages - Whether line for peaceful protest was crossed in alleged incident or not,..........
Indian Penal Code, 1860, Section 341, 143, 147, 149, 353, 504, 506 -- Offence u/ss 341, 143, 147, 149, 353, 504, 506 IPC - Quashing of FIR - Role of petitioner nowhere mentioned in FIR - Even if Court presumes petitioner present at the spot, it would still not lead to an automatic inference of her acting with a common object with those who had inflicted fist blows, hurled..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 332, 353 -- Quashing of FIR - Offence u/ss 332, 353 IPC - Scuffle took place between parties at the spur of moment - Compromise arrived at between parties - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 353, 333, 147 -- Bail - Offence u/ss 353, 333, 147 IPC - Accused refuted the allegation that he alongwith other inmates, assaulted jail staff - Accused alleges that he was given merciless beatings by jail authorities and he suffered 11 injuries while in custody - It is thus, a fit case to grant..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 188, 342, 323, 149 -- Anticipatory bail - Offence u/ss 353, 186, 188, 342, 323, 149 IPC - Matter involving merciless beatings given to police official on duty - If concession of pre-arrest bail is granted to accused of assaulting public servants on duty that may further embolden people..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 297, 454, 353, 186, 342, 270, 120B, 188, Prevention of Damage to Public Property Act, 1984, Section 4, Disaster Management Act, 2005, Section 51 -- Anticipatory bail - Allegation that a group of persons locked certain staff of medical and para-medical team inside a room and thereafter removed body..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 143, 147, 149, 506, 188 -- Anticipatory bail - Illegal extraction of sand - Accused reached on the spot at later stage - Though act of accused to reach on the spot in late hours may be sufficient to draw some nexus between accused and persons actually indulging in act of extraction of sand -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 -- Anticipatory bail - Offence u/ss 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 IPC - Applicant is 65 years old - Prima facie there is no material to show that applicant had quarreled with police or had pelted stone at..........
