Anticipatory bail _ Grant of _ Economic offences _ Case based on the accounts and documents which can be procured without custodial interrogations _ If the accounts are not properly maintained and the applicants failed to show its proper utilization, then the prosecution is justified _ However the charges are to be proved mainly on the basis of the documents as it is a matter of accounts and utilization of funds _ Considering the nature of the offence custodial interrogation is not required _ Pre-arrest bail granted. (See 2015 (9) LJSOFT 18)
Anticipatory bail _ Grant of _ Principal accused picked up quarrel with his wife and poured kerosene and set her on fire _ Applicant is her sister-in-law with whom the principal accused was having illicit relations _ Said illicit relationship might have been the cause of quarrel between the husband and wife but the act is attributed solely to principal accused and no act is attributed to the applicant _ Interim pre-arrest bail granted. (See 2015 (9) LJSOFT 8)
Anticipatory bail _ Provision is conceptualised under Article 21 of the Constitution which relates to personal liberty _ Expression “may, if it thinks fit” occurring in Section 438(1) gives discretion to the Court to exercise the power in a particular case or not _ Once such a discretion is there merely because the accused is charged with a serious offence may not by itself be the reason to refuse the grant of anticipatory bail if the circumstances are otherwise justified. (See 2015 (9) LJSOFT (SC) 3)
Anticipatory bail _ Cancellation of _ Charge u/s 376 of IPC added only in the year 2014 regarding the allegations of rape pertaining to period which is almost 17 years ago _ Such a charge is added after a long period of time and inaction of the prosecutrix is also a contributory factor _ Investigation is complete and there is no allegation that the appellant may flee the course of justice _ High Court was not justified in cancelling the anticipatory bail. (See 2015 (9) LJSOFT (SC) 3)
Appreciation of evidence _ Sniffer dog evidence _ Evidence of dog tracking is not substantive evidence _ Identification by the sniffer dog will have to be left out of consideration. (See 2015 (9) LJSOFT 102)
Bailable offence _ Police Custody remand _ Action of causing arrest of applicant immediately after conducting second house search panchanama and taking her into police custody is bad in the eyes of Law _ Offence u/s 201 of IPC by itself is a bailable offence _ Extension of P.C.R. by the Magistrate without appreciating the facts was unwarranted and unjustified. (See 2015 (9) LJSOFT 1)
Bail _ Grant of _ Kidnapping and rape _ Boy and girl having an affair and then they eloped and got married _ Offence of rape can be distinguished on the basis of the intention of the accused _ Factors are to be considered. (See 2015 (9) LJSOFT 37)
Bail _ Grant of _ Re-arrest on jumping bail _ Application is being considered by way of indulgence and by way of one last opportunity considering the fact that the applicant is ready to give an undertaking before the trial Court, that he will attend on every hearing of the case and will not seek any adjournment _ Theft is of Rs.4500/-, and that despite his rearrest on 8-1-2015 charge has not been framed in the said case till today _ Bail granted. (See 2015 (9) LJSOFT 121)
Bail _ Grant of _ Murder _ No role attributed to the applicant at the time of identification _ It is expected in the test identification parade that the witness should give reason for identification and mere identification is not sufficient _ There is no other evidence against the applicant and there is no recovery as well _ Bail granted. (See 2015 (9) LJSOFT 33)
Bail _ Grant of _ Attempt to murder _ Applicants-accused No.1 assaulted the complainant thrice on his head with that the wooden plank _ Other applicants assaulted him with fists and kicks _ There are no criminal antecedents _ Incident of assault has taken place suddenly and it is not a pre-meditated crime _ Bail granted. (See 2015 (9) LJSOFT 23)
Bail _ Grant of _ Murder _ Case of single blow of a stick on account of sudden quarrel between the parties and the applicant was not armed with weapon _ It was a sudden fight and the applicant has no antecedents and he in prison since last one year _ Bail granted. (See 2015 (9) LJSOFT 19)
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