Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 -- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 353, 186, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 353, 186, 148, 149 IPC and Ss.25, 27 Arms Act - As per prosecution, petitioner was member of unlawful assembly, which fired towards police party in order to prevent it to discharge its official duty - However, no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 149, 201, 218, 120B -- Bail - Offence u/ss 302, 307, 148, 149, 201, 218, 120-B IPC - As per prosecution, photographs coupled with report of mechanic who had inspected motorcycle and various other circumstances and discrepancies in statements of prosecution witnesses, it is evident..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12, Indian Penal Code, 1860, Section 307 -- Juvenile in conflict with law - Anticipatory bail - Offence u/s 307 IPC - Allegedly, role of petitioner in incident is only that he wrongfully restrained the victim - Even, petitioner was not armed with any weapon..........
Indian Penal Code, 1860, Section 120B, 302, 307, 324, 326, 124A, 438, 440, Explosive Substances Act, 1908, Section 3, 4, 6, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Claim for parity - In the instant case, petitioner planted bomb in Samjhauta express resulting in death of 68 persons - Petitioner claiming parity with another accused who has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34 -- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59 -- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326, 147, 148, 149, 504, 506, 307, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 326, 147, 148, 149, 504, 506, 307, IPC and S.25 of Arms Act - Accused is student and not hardened criminal - Incident took place at spur of moment, when he was on pleasure trip along with co-accused - Co-accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Jat Agitation - CBI even after more than one year of arrest of petitioners and registration of case is still on investigation track - CBI is..........
