Search By Topic: Bail Matters

673. (P&H HC) 27-11-2020

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12, 94 – Code of Criminal Procedure, 1973 (2 of 1974), Section 57, 167, 438 -- Indian Penal Code, 1860 (45 of 1860), Sections 302, 341, 120-B, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 25, 27, 29 – Murder case -- Anticipatory bail – Interim bail -- Juvenile-petitioner’s reliance upon birth certificate and matriculation certificate -- Without commenting anything as regards the genuineness of the documents, petition disposed of with the directions:

(i) The petitioner to surrender before the Juvenile Justice Board within 10 days and upon the petitioner so surrendering, the Juvenile Justice Board shall release the petitioner on interim bail subject to his furnishing requisite bail bonds to the satisfaction of the Board.

(ii) The Board shall conduct an inquiry as regards the juvenility of the petitioner. If the petitioner is found to be juvenile, the Board shall consider his release under Section 12 of the Act and pass an appropriate order.

(iii) The petitioner to be present before the Board on the day his bail application is to be heard and on the day when the order on his bail application is to be pronounced or on any other day as directed by Board.

(iv) If the Board, upon inquiry regarding age comes to conclusion that the petitioner is not a juvenile, he shall be produced before Illaqa Magistrate who shall proceed further in accordance with law. The petitioner shall appear before the Board on all the dates unless specifically exempted.

(v) The interim bail shall come to an end if petitioner is not found to be juvenile or in case his application is dismissed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(Para 4)

683. (P&H HC) 23-11-2020

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Indian Penal Code, 1860 (45 of 1860), Section 304-B, 498-A -- Dowry death case -- Summoning of additional accused -- Application u/s 319 Cr.P.C. moved after commencement of the trial -- Four witnesses already stood examined, thus the application was filed at the proper stage -- Evidence has been tested by way of cross-examination -- Persons were named in the FIR -- Only relevant question to be examined was regarding the 'degree of satisfaction' -- Death was caused due to asphyxia which was caused due to strangulation and throttling -- Thus, employment of external force in the death cannot be ruled out -- Harassment of deceased started on account of dowry immediately after the marriage -- PW-2 has attributed a specific role to father-in-law i.e. that of handing over gold jewellery of the deceased to him before she was rehabilitated on one occasion -- Thus, there exists more than prima facie case against father-in-law and the trial Court has erred in dismissing the application u/s 319 Cr.P.C. -- Charges have been framed u/s 498-A IPC as well and there was no requirement of proving anything beyond harassment for dowry for summoning the additional accused.

(Para 12)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Indian Penal Code, 1860 (45 of 1860), Section 304-B -- Dowry death case – Regular bail -- Petitioner has undergone 1 year, 4 months and 12 days of custody and there is no other case pending against her – Medical evidence on record is in favour of the prosecution -- Death appears to have been caused by throttling which implies use of external force -- Moreover, prima facie, harassment on account of dowry has been established -- Death has taken place within one year and five months of marriage – Not a case of false implication -- It is not a case of inordinate delay -- Petition has no merit and dismissed at this stage.

(Para 18-21)