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Brijmani Devi vs. Pappu Kumar & Anr. (SC)

44.00 4.40

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Code of Criminal Procedure, 1973–Sec. 439–Penal Code, 1860–Sec. 302–Order of granting the bail–Sustainability–Respondent-accused committed the serious offence at two points of time–There has been a history of enmity between the accused and deceased–On both occasions, he used the firearm namely a pistol to shoot the deceased–He is named in eight cases–He remained absconded for seven months and his arrest was delayed–He threatened the informant-mother of deceased–Likelihood of absconding or threatening the witnesses–Held, High Court lost the sight of the vital aspects of the case and granted the bail by cryptic orders–Impugned orders are liable to be set aside.