Search Results Page
Search Results
1 - 10 of 12 (0.51 seconds)Section 336 in The Indian Penal Code, 1860 [Entire Act]
Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 324 in The Indian Penal Code, 1860 [Entire Act]
Sumit Subhaschandra Gangwal vs The State Of Maharashtra on 27 April, 2023
11. Having heard the learned counsel for applicant, the learned A.G.A. for State, the learned counsel for first informant, upon consideration of material on record, evidence, gravity and nature of offence, accusations made as well as complicity of applicant coupled with the fact that there are cross-versions of the occurrence inasmuchas cross F.I.Rs. have been lodged from both sides, there are injured from both sides, as such occurrence is admitted, prima-facie the issue to be decided by court below is " as to who is the aggressor", as per material collected by Investigating Officer, it cannot be conclusively concluded as to who is the aggressor at this stage and therefore, the same is subject to trial evidence, the police report (charge-sheet) in terms of Section 173 (2) Cr.P.C. has already been submitted, therefore the entire evidence sought to be relied upon by the prosecution against applicant stands crystallised but in spite of above the learned A.G.A. and the learned counsel for first informant could not point out any such circumstance from record necessitating the custodial arrest of applicant during the pendency of trial, the judgement of Supreme Court in Sumit Subhashchandra Gangwal Vs. State of Maharashtra, 2023 LiveLaw (SC) 373 (Paragraph 5), the clean antecedents of applicant, the period of incarceration undergone by applicant and but without expressing any opinion on the merits of the case, applicant has made out a case for bail