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KAHLON LAW ACADEMY
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KAHLON LAW ACADEMY
20 Jan, 16:18
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KAHLON LAW ACADEMY
20 Jan, 14:58
_Rukmani Mahato vs The State Of Jharkhand decided on 3 August, 2017 Supreme Court_
When this Court or a High Court or even a Sessions Judge grants interim anticipatory bail and the matter is pending before that Court, there can be no occasion for the accused to appear and surrender before the learned trial court and seek regular bail. The predicament of the subordinate Judge in considering the prayer for regular bail and the impossibility of denial of such bail in the face of the pre-arrest bail granted by a higher forum is real. Surrender and a bail application in such circumstances is nothing but an abuse of the process of law by the concerned accused. Once a regular bail is granted by a subordinate Court on the strength of the interim/pre-arest bail granted by the superior Court, even if the superior Court is to dismiss the plea of anticipatory bail upon fuller consideration of the matter, the regular bail granted by the subordinate Court would continue to hold the field, rendering the ultimate rejection of the pre-arrest bail by the superior Court meaningless.
When this Court or a High Court or even a Sessions Judge grants interim anticipatory bail and the matter is pending before that Court, there can be no occasion for the accused to appear and surrender before the learned trial court and seek regular bail. The predicament of the subordinate Judge in considering the prayer for regular bail and the impossibility of denial of such bail in the face of the pre-arrest bail granted by a higher forum is real. Surrender and a bail application in such circumstances is nothing but an abuse of the process of law by the concerned accused. Once a regular bail is granted by a subordinate Court on the strength of the interim/pre-arest bail granted by the superior Court, even if the superior Court is to dismiss the plea of anticipatory bail upon fuller consideration of the matter, the regular bail granted by the subordinate Court would continue to hold the field, rendering the ultimate rejection of the pre-arrest bail by the superior Court meaningless.
KAHLON LAW ACADEMY
20 Jan, 14:22
*SK Khaja v. The State of Maharashtra (SC) (Decided on: 23.08.2023)*
A. Indian Penal Code, 1860 (45 of 1860), Section 307 – Attempt to murder – Simple injuries -- Merely because the injuries sustained by the complainant were very simple in nature, that would not absolve the appellant/accused from being convicted for the offence u/s 307 of the IPC -- What is important is an intention coupled with the overt act committed by the appellant/accused.
(Para 8)
B. Indian Penal Code, 1860 (45 of 1860), Section 307 – Attempt to murder – Cogent evidence that the appellant/ accused had tried to assault the complainant with Gupti and on his head -- Though the complainant received injury on his right shoulder while avoiding blow on his head, from the blunt part of the Gupti, such an overt act on the part of the appellant/ accused would be covered by the offence punishable u/s 307 of the IPC.
A. Indian Penal Code, 1860 (45 of 1860), Section 307 – Attempt to murder – Simple injuries -- Merely because the injuries sustained by the complainant were very simple in nature, that would not absolve the appellant/accused from being convicted for the offence u/s 307 of the IPC -- What is important is an intention coupled with the overt act committed by the appellant/accused.
(Para 8)
B. Indian Penal Code, 1860 (45 of 1860), Section 307 – Attempt to murder – Cogent evidence that the appellant/ accused had tried to assault the complainant with Gupti and on his head -- Though the complainant received injury on his right shoulder while avoiding blow on his head, from the blunt part of the Gupti, such an overt act on the part of the appellant/ accused would be covered by the offence punishable u/s 307 of the IPC.
KAHLON LAW ACADEMY
20 Jan, 14:19
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