Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149, 504, 506, 34 -- Bail - Murder - High Court granted bail to accused No.2 in serious offences without applying correct facts - High Court not at all appreciated the fact that all accused were charged for offences in question and all accused with a common intention..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Bail - Kidnapping and rape - Victim and accused both are minor and they fled away and got married and remained in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 353, 186, 379A -- Anticipatory bail - Offence u/ss 323, 353, 186, 379-A IPC - Petitioner is a 30 year old lady and is not involved in any other criminal case - Without expressing any opinion on the merits of the case, anticipatory bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Abetment of suicide - S.306 IPC whether attracted or not, matter of trial - Petitioners are females and have already joined investigation and not required for further investigation - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 452, 323, 506, 148, 149 -- Bail - Attempt to murder - Injury on left hand of complainant has been attributed to petitioner - Challan stands presented, but charges are yet to be framed - Petitioner is in custody since 10.7.2020 - Trial of case would take time to conclude - Co-accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - FIR is registered by complainant solely on basis of suspicion - Neither there is any suicide note nor there is any dying declaration nor deceased had made any complaint with respect to any alleged call of threat made by any person - Even, police..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12 -- Anticipatory bail - At the instance of child in conflict with law - Not maintainable - Child in conflict with law cannot be arrested - Since there is divergence of opinion between co-ordinate Benches of the High Court, as such a request is made to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 496, 498A -- Anticipatory bail - Misappropriate of stridhan - Mere non-recovery of certain disputed dowry articles cannot be a ground to decline concession of anticipatory bail to accused, more so when accused is not required for further investigation...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 420, 465, 466, 467, 468, 471, 477A, 120B -- Anticipatory bail - Recovery of marriage registration certificate - Such certificate can be obtained from the Registrar - Recovery or non recovery of the original marriage certificate not a ground to deny concession of bail - Ad interim pre arrest..........
