Indian Penal Code, 1860, Section 302, 394, 411, Arms Act, 1959, Section 25 -- Murder - Name of assailants not mentioned in FIR - PWs recognized accused first time in Court - In the absence of Test Identification Parade, dock identification was an absolutely useless piece of evidence - PW2 stated that accused was introduced to her in Thana and that she was able to recognize..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D, 17, 18, 19, Arms Act, 1959, Section 25, 54 -- Bail - Offence u/ss 17, 18, 19 of Act of 1967 and Ss.25, 54 of Arms Act - Charges in the case reveals the involvement of a terrorist gang which includes different members recruited for multiple roles - Hence, mere fact that..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Disclosure statement - Recovery of dead bodies of deceased - Place from where dead bodies were recovered was known to police - Consequently, it cannot be said that there was discovery by accused of place where dead bodies were kept - Part of statement of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Recovery of weapon of offence - Recovery was allegedly made from open space in a garden - Place was thus, easily accessible to many - Neither PW15 nor PW20 have stated that weapon and cartridges were buried underground and were recovered only after..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 324, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner was earlier declared as innocent and he has already been summoned to face trial u/s 319 Cr.P.C - Conclusion of trial may take long time, as out of total 25 PWs only 9 have been examined - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 34, Arms Act, 1959, Section 25 -- Bail - Snatching - There is no allegation against petitioner qua directly being involved in the incident of snatching as such - Petitioner is in custody since 17.07.2023 - Without considering the merits of case, accused ordered to be released on bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 392, 397, 201, Arms Act, 1959, Section 27, 25(4), Maharashtra Police Act, 1951, Section 37(1)(3), 135 -- Bail - Murder - Deceased was killed in brutal manner by cutting her body parts and thrown at different places - Body parts recovered were completely decomposed - Prima facie it appears..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - Accusations against accused are not prima-facie wholly false, frivolous or vexatious in nature, so as to justify grant of bail - Prosecution has brought on record adequate material that would prima-facie point towards the guilt of..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Recovery of pistol from accused - Nothing on record either in the form of statements of witnesses or even medical report that pistol was ever used - Nothing was recovered from accused as per memo prepared at the time of his personal search - However, in..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Two witnesses who reached the spot on a tractor did not support prosecution case - Improvement in statement of complainant which makes the case of prosecution doubtful - Material witness who is named in FIR and on whose arrival at the scene of crime..........
