Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/ss 399, 402 IPC and Ss.4, 25 of Arms Act - Keeping in view the nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any convincing material to indicate possibility of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 202, 34 -- Interim bail - For surgery of daughter - Application filed by accused solely for purpose of coming out of custody - Mother of accused has four sons who can assist and attend to daughter of accused for concerned surgery and wife of accused is there to look after minor daughter..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of anticipatory bail - Dowry death - Cruelty - FIR contains recital of allegation bearing on role of accused in demanding dowry, of prior incident of assault, payment of moneys by cheque to in-laws of deceased..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - Case of no injury - Accused is in custody since 1.7.2020 - Even, accused is not attributed gunshot fire - Trial of case would take time to conclude - No useful purpose would be served by keeping accused behind bars - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 341, 342, 352, 324, 379, 307, 34 -- Discharge - Offence u/ss 341, 342, 352, 324, 379, 307, 34 IPC - Accused struck an axe blow on head of deceased - Allegation of snatching of gold chain of informant and deceased is also made - Merely because accused has filed two criminal cases against..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Proclaimed offender - Accused while on bail, absented twice earlier and he was declared proclaimed person - Accused again misused the concession of bail by not appearing in Court - Petitioner does not deserve grant of anticipatory bail - Accused directed to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366A, 354A, 354C, 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, 7, 8, 16, 17 -- Quashing of proceedings - Compromise - Kidnapping and rape - Allegations of offence u/ss 5, 6, 7, 8, 16, 17 of POCSO Act is in the form in category of heinous offences - Consent of..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 306 -- Framing of charge - Offence u/s 306 IPC - Court is not required to consider pros and cons of case at the stage of charge and to hold an enquiry to find out truth - Sessions Judge has taken into account all relevant material and framed the charge - Order framing charge is proper...........
Criminal Procedure Code, 1973, Section 102, Indian Penal Code, 1860, Section 420, 409 -- Seizure of bank account by I.O - Cheating - Case registered against son of petitioner - However, account of petitioner was seized - No material on record to show that amount lying in account of petitioner has any direct nexus of link with amount misappropriated by her son - This..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 336, 148, 149, Arms Act, 1959, Section 25, 27 -- Quashing of complaint - Attempt to murder - Compromise arrived at between parties - Court satisfied that compromise had been entered into by parties voluntarily, without coercion and undue influence and genuine - Complaint and summoning order..........
