Criminal Procedure Code, 1973, Section 439(2) -- Fifth bail application - Bail granted - Cancellation of bail - Bail granted by holding that no overt act is assigned to accused whereas there is specific allegation that accused actively aided the commission of crime by furnishing information about movements of deceased - High Court failed to consider seriousness and gravity..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused being teacher having found the deceased boy regularly bunking classes first reprimanded him but on account of repeated acts brought this fact to knowledge of principal who called parents of deceased - No further overt act has been attributed to accused in FIR or in statement of complainant, nor anything..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 307, 341, 148, 149 -- Summoning of additional accused - Murder - Name of proposed accused were specifically mentioned in FIR with specific role attributed to them - High Court failed to appreciate fact that for attracting offence u/s 148 IPC only forming part of unlawful assembly is..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 377.8 gms heroin - Commercial quantity was recovered from beneath a courtyard within the house of petitioner - All family members residing in said house have been made accused in the case - House belonged to co-accused/father of petitioner..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complaint and material on record reveals that allegation against petitioner No.2 is made only on basis of suspicion - It is on the basis of suspicion and vague allegation that FIR is registered against petitioner No.2 - There are no specific allegations and overt acts attributable to petitioner No.2 in the FIR..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 120B -- Bail - Cheating - No specific overt act of making any fraudulent representation to complainant is attributed to petitioners - Co-accused already granted bail - Trial of case is likely to take long time due to COVID-19 Pandemic - Keeping in view facts and..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Testimonies of PWs do not show that deceased was unhappy because of accused and she was forced to take such a step on his account - No overt act or illegal omission is seen from accused's side in taking due care of deceased - Evidence does not indicate deceased faced persistent harassment from her husband -..........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 11(vi) -- Adoption - Validity - Physical act of giving and receiving is absolutely necessary for validity of an adoption - There has to be some overt act to signify delivery of child to one family to another...........
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..........
