Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 188, 342, 323, 149 -- Anticipatory bail - Offence u/ss 353, 186, 188, 342, 323, 149 IPC - Matter involving merciless beatings given to police official on duty - If concession of pre-arrest bail is granted to accused of assaulting public servants on duty that may further embolden people..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Probation on good conduct - Offence u/ss 279, 304-A, 337, 338 IPC - Accused first time offender - Incident seems to have been taken place 14 years ago - No useful purpose would be served to send accused to jail to serve out remaining sentence after considering provisions of..........
Indian Penal Code, 1860, Section 380, 457, 201, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 380, 457, 201, 34 IPC - Petitioner admitted the factum with regard to theft committed by him in the house of complainant - Challan stands filed in Court and nothing remains to be recovered from petitioner - Petitioner is behind bars for last eight months..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Default bail - Attempt to murder - Charge sheet not filed within 90 days as stipulated - Provision u/s 167(2) Cr.P.C comes into play - Accused entitled to grant of compulsive/default bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354A -- Anticipatory bail - Rape - Allegation against petitioners are very grave and serious of molesting complainant for a long time and then committing rape upon her several times and on one occasion getting such acts of forcible sexual intercourse photographed by his wife - Plea of alibi..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - Applicants not named in FIR - He has clean antecedents - Applicant is in jail since 12.3.2020 - They are ready to cooperate with process of law and shall faithfully make themselves available before Court whenever required - There is no likelihood of early conclusion of..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Alleged acts of cruelty meted to victim within four walls of her matrimonial home - Securing any independent eye witnesses to those incidents cannot be expected...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Victim specifically stated that apart from she being put to hard labour in house of her husband comprising 27 members, she was also being constantly abused by her husband and other accused - She also gave several other instances of cruel treatment said to have been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 465, 466, 471, 114 -- Bail - Offence u/ss 465, 466, 471, 114 IPC - Accused is in custody since 13.7.2020 - He has no criminal antecedents - Charge sheet already filed - Keeping in view facts of case, nature of allegations, gravity of accusation, availability of accused at the time of trial etc...........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Testimony of eye witnesses - Complainant turned hostile - Even two eye witnesses, PW10 & PW11 also declared hostile - Statements of eye witnesses recorded after inordinate delay, for which no plausible or reasonable explanation is given by I.O in his deposition before trial Court - Recording of statement of main eye..........
