Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of two live cartridges without requisite licence from accused's baggage - Conscious possession - Accused was not aware of presence of live cartridge in his bag and had absolutely no knowledge of the same till it was detected by security personnel during screening of baggage..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Jat Agitation - CBI even after more than one year of arrest of petitioners and registration of case is still on investigation track - CBI is..........
Criminal Procedure Code, 1973, Section 482 -- Appeal against rejection of cancellation report - Injured witness has specifically named petitioner and alleged that petitioner was driving vehicle and other accused came in that vehicle along with arms and weapons - Though, no specific injury has been attributed but driving vehicle upto place of occurrence along with other..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 216, 323, 325, 307, 148, 149, 506, 120B, Arms Act, 1959, Section 25 -- Bail - Accused had fired gunshot at complainant, but complainant was not injured with such gunshot and in fact no empty cartridge has been recovered from place of occurrence - Eyewitness in his statement has nowhere stated that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 34, Arms Act, 1959, Section 25, 27 -- Bail - Complainant states that accused fired shot which hit left foot of his daughter - From allegations in complaint it is apparent that shot which hit daughter of complainant was not fired by accused - Petitioner submits that two years ago, victim..........
Arms Act, 1959, Section 25, 27, 30 -- Sanction - At time of seeking sanction from competent authority, neither alleged arms nor cartridges were produced before competent Authority and consequently, sanction was not valid in eyes of law...........
Arms Act, 1959, Section 32 -- Confiscation of gun - Gun used in committing offence u/s 307 IPC and S.27 of Arms Act - Accused injured his wife by causing gunshot injury on her neck - Wife turned hostile and accused acquitted - However, evidence on record shows that accused was carrying gun under influence of liquor and also found talking irrelevantly and even sustained..........
Indian Penal Code, 1860, Section 304 -- Part-I, 324, 509, Arms Act, 1959, S.27, Evidence Act, 1872, S.3 - Offence u/ss.304 Part-I, 324, 509 and S.27 Arms Act - Appreciation of evidence - Parking dispute between accused and deceased - Story of prosecution duly corroborated by post-mortem report, forensic evidence and Ballistics report - Hence, no infirmity in order of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Murder - Petitioner though named in FIR but no role attributed to him - Co-accused already granted bail - Role attributed to petitioner is akin to that of co-accused and thus, treating the petitioner on same parity, he be released..........
