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1 - 10 of 10 (0.34 seconds)Section 147 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 460 in The Indian Penal Code, 1860 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 109 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Atul Anand And Another vs State Of Haryana And Anr on 27 March, 2014
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CRM No. M-8831 of 2016 (O&M) 5
"I am further of the view that there has to be
some evidence on record showing that after the release
on bail, the petitioners are likely to come in association
with any known criminal or their release on bail would
expose them to moral, physical or psychological danger
or that their release would defeat the ends of justice. In a
given case if the parents of the petitioners are also
criminals either exconvicts or members of a gang, it may
be possible for the Court to refuse bail. Another example
could be whether the petitioners have repeated the crime
showing lapse on the part of the parents after their
release while on bail, then the case may be covered by
the exceptions carved out under Section 12 of the Act.
However, in a case like the one in hand, where no
material has been placed on record to show that the
release of the 'juvenile in conflict with law' would defeat
the ends of justice or any other exception, the petitioners
cannot be denied the benefit of bail merely on the basis
of conjectures or opinion formed by the prosecution or
the Court. Reliance in this regard could be placed on the
judgments in the case of Sahabuddin @ Shabboo's case
(supra) and Sanjeev Kumar's case (supra)."
For the reasons recorded above, the present petition is
allowed.
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