Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 506, 34, Arms Act, 1959, Section 25, 54, 59 -- Bail - Murder - Plea of false implication and import of evidence of ballistic expert has to be debated during the course of trial - Petitioner a young man of 24 years is in custody from last 5 years with delay in his trial not attributed to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 34 -- Bail - Attempt to murder - Petitioner is involved in 12 other cases - However, involvement of petitioner in other cases is not by itself a ground to reject bail application and question of grant of bail to petitioner has to be considered on facts and circumstances of the case -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 365, 506, 34 -- Bail - Attempt to murder - MLR of victim reveal 13 injuries on person of injured - However, said injuries are virtually on non-vital parts of body of victim - Allegation pertaining to running over of a vehicle over injured could not be substantiated by medical evidence -..........
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...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder - Applicant a juvenile on the date of occurrence and does not having criminal history - He has been in confinement for an unduly long period of time - Trial of case is not concluded within time frame contemplated by JJ Act -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 325, 342, 379B, 506, 307, 148, 149 -- Bail - Murder - Accused is in custody for last more than 3 years - Trial is moving at a very slow pace due to COVID-19 situation - Co-accused is granted bail after dismissal of bail application of accused - Bail held, granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 451, 506, 148, 149, 120B, Arms Act, 1959, Section 25 -- Bail - Attempt to murder - Accused are in judicial custody for last more than 2 years - Conclusion of trial is likely to take a long time - Accused have volunteered to pay Rs.50,000/- each to victim towards his medical expenses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 380, 148, 149, 427 -- Bail - On parity basis - Murder - Accused not attributed injury or role - Trial is not likely to conclude soon - Accused seeks parity with other co-accused - State is not in a position to dispute parity with other co-accused who have been granted interim bail -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452, 506, 34, 188 -- Bail - Attempt to murder - Sole allegation against accused is of hitting complainant with baseball bat on his head - Complainant was under the influence of liquor at the time of alleged incident - Co-accused already granted bail - Trial of case is likely to consume time -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 307, 337, 326, 379, 504, 147, 148, 149, Arms Act, 1959, Section 27 -- Anticipatory bail - Offence u/ss 323, 341, 307, 337, 326, 379, 504, 147, 148, 149 IPC and S.27 of Arms Act - No proclamation and declaration with regard to petitioner u/s 82(4) Cr.P.C that he is an absconder -..........
