Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 506, 34 -- Bail - Attempt to murder - Accused were arrested on 26.03.2022 in connection with crime and since then they have been in judicial custody - Injured was also discharged from hospital - Nine material witnesses also examined in the case - There is considerable progress in the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 307, 34 -- Bail - Cruelty - Accused arrested after non-bailable warrants issued against him - However, summons issued by trial Court were not served on him, as he had shifted his residence - Accused has no knowledge regarding the fact that charge sheet was filed against him and that summons..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 323, 324, 354, 147, 149, 506 -- Juvenile - Bail - Murder - Juvenile is below 18 years of age and has no criminal history - Role of juvenile and adult co-accused who is already granted bail having identical role - There is no justification to hold juvenile..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 326 -- Bail - Murder - Accused not named in FIR - He had been nominated on basis of statements of injured witnesses and also on basis of disclosure statements of co-accused, admissibility of which would be debatable - Accused has been behind the bar for a substantial..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 148, 149, 323, 342, 506, 307, 302 -- Bail - Offence u/ss 148, 149, 323, 342, 506, 307, 302 IPC - Provision of S.12 of the Act had not even been considered and it was not even remotely observed therein that case of appellant is covered by any one of exceptions -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Challan stands presented - It is a case of no injury - Out of 16 PWs none has been examined so far - Accused has been in custody since 2021 - Trial is unlikely to conclude any time soon - No useful purpose would be served by keeping..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 323, 506, 307, 325 -- Bail - Offence u/ss 147, 148, 149, 323, 506, 307, 325 IPC - As per version of co-accused, petitioner had not been mentioned in complaint to be one of the persons, who had participated in incident - Question as to whether, as per medical opinion, S.307 IPC is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 341, 34, 302, 307, 201, 120B -- Bail - Offence u/ss 323, 325, 341, 34, 302, 307, 201, 120-B IPC - It is not disputed that petitioner was not named in FIR and as per FIR there were 3 persons who had inflicted injuries upon father of complainant - Even, as per prosecution case, neither any..........
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..........
