Indian Penal Code, 1860, Section 379 -- Theft - Removal of sand - Prosecution had not marked arrest memo which is indispensable to prove arrest of accused from scene of occurrence - Nothing on record to indicate that accused actually removed sand with a dishonest intention to commit theft - One lorry and one shovel was recovered as per seizure mahazar - However, no enquiry..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 506, 120B, 34 -- Quashing of complaint - Cheating - Criminal conspiracy - Allegation that accused entered into a conspiracy with deceased accused for making agreement for sale of flat or to deceive complainant - However, there is no averment at all in complaint to indicate that accused were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Petitioner was not named in the FIR - He was arrested on basis of supplementary statement on basis of CCTV footage - However, there is no mention of CCTV footage in initial FIR - Even photographs of CCTV footage show a man with a muffled face - Trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 365, 506, 34 -- Bail - Attempt to murder - MLR of victim reveal 13 injuries on person of injured - However, said injuries are virtually on non-vital parts of body of victim - Allegation pertaining to running over of a vehicle over injured could not be substantiated by medical evidence -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Driving at high speed is not in itself a negligent act - Speed is not a criterion to establish the fact of rash and negligent driving of a vehicle...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Fatal accident - Rash and negligent driving - Nothing to indicate that accused was driving vehicle at a speed which would justify holding that he was driving vehicle rashly and negligently - Width of road not proved - Even, tyre marks not proved - No evidence on record to hold that death of two persons was direct..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - On basis of parity - Murder - Petitioner is main accused and he played a key role in planning murder of deceased and ultimately killing him - More than sufficient material on record against accused - It was petitioner who compelled co-accused to call deceased to their..........
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..........
