Bombay High Court

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High Court of Bombay at Goa Allows Criminal Writ Petition in NDPS Case — Bail Cancellation Set Aside Due to Lack of Willful Violation of Conditions. The court held that cancellation of bail requires willful violation of conditions and that long pre-trial incarceration exceeding possible sentence warrants bail under the NDPS Act for small quantities....

The petitioner, Sagar Sitaram Mitre, was accused No.2 in a case under the NDPS Act for possessing 5.5 grams of Ganja. He was granted bail on 18.12.2018 with a condition not to leave Goa without court ...

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Bombay High Court Upholds Acquittal of Accused in Dowry Death Case Due to Lack of Evidence of Cruelty and Abetment. Allegations of Demand for Delivery Expenses and Harassment Not Proven Beyond Reasonable Doubt Under Sections 498-A, 306 IPC and Dowry Prohibition Act....

The State of Maharashtra appealed against the judgment and order dated 19.03.2008 passed by the learned Sessions Judge, Chandrapur in Sessions Case No. 55/2002, acquitting the respondents (Milind Shal...

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Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence....

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 for various offences under the Indian Penal Code a...

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Bombay High Court Quashes Charges Against Foreign Nationals in COVID-19 Related Cases for Lack of Evidence of Infection or Visa Violation. The court held that visiting religious places does not violate visa conditions and that prosecution without evidence of infection or visa breach is an abuse of process....

The judgment concerns three criminal writ petitions filed by foreign nationals (petitioners) against the State of Maharashtra (respondent). The petitioners were prosecuted for offences under Sections ...

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Bombay High Court Acquits Wife in Husband's Murder Case Due to Lack of Evidence of Common Intention. Conviction under Section 302 IPC set aside as prosecution failed to prove that appellant shared common intention with her sons to commit murder....

The appellant, Shahenaj Amjed Shaikh, was convicted by the II Ad-hoc Additional Sessions Judge, Solapur for the murder of her husband Amjed under Section 302 read with Section 34 IPC and for wrongful ...

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Bombay High Court Adjourns Suo Moto PIL for State's Statement. Court grants time until 3rd September 2020 for the State to respond in a public interest litigation....

This is a suo moto Public Interest Litigation registered by the Registrar Judicial of the High Court of Bombay, Bench at Aurangabad, against the State of Maharashtra and others. The matter came up bef...

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Bombay High Court Grants Anticipatory Bail to Foreign Nationals in NDPS Case — No Recovery from Petitioners, Only Co-accused Implicated. Petitioners not named in FIR and no contraband recovered from them, thus Section 37 NDPS Act bar not applicable....

The petitioners, foreign nationals from various countries including Tanzania, Iran, Gujarat, Mumbai, Tamil Nadu, and others, were implicated in a case registered at Jamamkhed Police Station, Ahmednaga...