Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Entire case of prosecution rests on circumstantial evidence - Accused in custody for 15 months - Charge sheet already filed - It is just and proper to release accused on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 34 -- Anticipatory bail - Kidnapping - Victim boy not traced so far - Six months prior to incident accused threatened complainant that he will be made issueless and even three months prior to incident also, accused had gone to school of victim and called him outside the school but he did..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 363, 365 -- Grant of bail - Appeal - Murder - Allegations against accused are very serious in nature and apprehension expressed by complainant party that accused may misuse freedom and try to subvert prosecution and threaten witnesses and family members of complainant cannot be brushed aside..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326, 147, 148, 149, 504, 506, 307, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 326, 147, 148, 149, 504, 506, 307, IPC and S.25 of Arms Act - Accused is student and not hardened criminal - Incident took place at spur of moment, when he was on pleasure trip along with co-accused - Co-accused..........
Criminal Procedure Code, 1973, Section 437(3), 438 -- Bail - S.437(3) Cr.P.C. allows Courts to impose conditions in interest of justice - But such conditions cannot be arbitrary, fanciful or extend beyond ends of provision - In instant case, High Court while granting anticipatory bail exceeded its jurisdiction in imposing such arbitrary conditions - Some of conditions..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Factors for granting bail are: (i) nature of accusation and severity of punishment in case of conviction and nature of supporting evidence; (ii) reasonable apprehension of tampering with witness or apprehension of threat to complainant; (iii) prima facie satisfaction of Court in support of charge...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Right to bail is not to be denied merely because of sentiments of community against accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bomb blast - Criminal conspiracy - Successive bail applications - Accused being Army Officer provided explosives with common object of causing bomb blast - Variations found in charge sheets filed by Anti-Terrorist Squad (ATS) and National Investigation Agency (NIA) - Trial likely to take long time and accused is in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 455, 427 -- Anticipatory bail - Offence u/ss 455, 427 IPC - CCTV footage of incident displayed in open Court - Presence of accused in entire occurrence noticed - Accused directly involved in breaking open door of room and removing articles lying there with help of co-accused - They damaged..........
