Back
AMIT SHARMA
Shaukat – Appellant
Versus
State, NCT of Delhi – Respondent
JUDGMENT
Amit Sharma, J.
1. The present application under Section 439 of the Code of Criminal Procedure, 1973 (`CrPC') seeks regular bail in case FIR No. 341/2016, under Sections 302/394/120B of the Indian Penal Code, 1860 (`IPC') and Sections 25/27 of the Arms Act, 1959 registered at P.S. Harsh Vihar.
2. The case of the prosecution, as per the status report dated 16.02.2023, authored by Inspector Balram Singh Beniwal, SHO, P.S. Harsh Vihar, is as under:
"Briefly stated the facts of the case are that on 27.10.2016 an information was received at PS Harsh Vihar, Delhi to the effect that dead body of a male person was lying near A-3 Block, Harsh Vihar, Delhi. Pursuant to the receipt of the said information, Inspector Sanjeev Kumar along with the staff reached the spot and found the dead body of a male person having gunshot injury. At the spot one Hakim s/o Fazru upon enquiry identified the deceased as Shakir s/o Dinu and told that deceased and he both resident of village DausRas, PS Gowardhan, District Mathura UP. In this regard case FIR No. 341/2016 under section 302 IPC was registered at Police Station Harsh Vihar Delhi.
2. That after the registration of FIR investigation was carried
The main legal point established in the judgment is that previous involvements in criminal cases should not be the sole factor for denying bail if the available material justifies the discretion exer....
Bail is the rule and jail is the exception, and the seriousness of the offence should be balanced with the applicant's compliance with bail conditions and good character.
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
The court established that in cases involving serious charges such as murder and conspiracy, the burden is on the applicant to demonstrate why bail should be granted, especially in light of substanti....
The main legal point established in the judgment is that the grant of bail was influenced by the lack of specific allegations, absence of corroborative evidence, and inconclusive electronic evidence ....
The main legal point established in the judgment is the importance of evidence, the nature of the accusations, and the severity of the punishment in considering the grant of bail, as well as the prin....
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
Confessional statements of co-accused to police inadmissible under CrPC Section 162 and Evidence Act Section 25; insufficient alone to deny bail without other incriminating material, per bail princip....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
