Search Results for "long incarceration"

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Search Results for "long incarceration"

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High Court

Bombay High Court Grants Bail to Accused in NDPS Case on Ground of Long Incarceration — Commercial Quantity of MDMA Seized, Trial Not Likely to Conclude Soon. The court held that prolonged incarceration without trial can be a ground for bail even in cases involving commercial quantity under Section 37 of the NDPS Act, 1985, relying on Rabi Prakash v. State of Odisha.

30 Jun 2026

The applicant, Akil Ahmed Ansari, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection wit...

High Court

Bombay High Court Grants Bail to Accused in Mob Violence Case Due to Long Incarceration and Parity with Co-Accused. Continued detention held violative of Article 21 of the Constitution under Section 439 CrPC.

23 Dec 2025

The applicants, Sunil @ Satya Shantaram Dalvi, Sajanya Barkya Burkud, and Vinod Ramu Rao, filed an application under Section 439 of the Code of Crimin...

High Court

Bombay High Court Dismisses Appeal of Accused in NIA Case Seeking Default Bail Under UAPA — Filing of Incomplete Charge Sheet Within 90 Days Defeats Right to Default Bail. The court held that the right to default bail under Section 167(2) CrPC does not accrue if a charge sheet is filed within the statutory period, even if incomplete, and the court can take cognizance on such charge sheet.

4 Dec 2025

The appellant, Hany Babu, was the original Accused No.12 in FIR No.1 of 2020 registered by the National Investigation Agency (NIA) under various secti...

High Court

Bombay High Court Grants Bail to Under-Trial Accused in Murder Case Due to 9-Year Incarceration and HIV Condition. Long Incarceration Violates Right to Speedy Trial Under Article 21; Bail Granted Under Section 439 Cr.P.C.

14 Feb 2025

The applicant, Ganesh Madhukar Mendarkar, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wi...

High Court

Bombay High Court Grants Bail to Accused in Murder Case Due to Long Incarceration and Speedy Trial Violation. Right to Personal Liberty Under Article 21 Prevails Over Gravity of Offence in Circumstantial Evidence Case Based on Last Seen Theory.

7 Feb 2025

The applicant, Santosh Pralhad Waghmare, was arrested on 26 March 2017 in connection with C.R. No.76 of 2017 registered at Hill Line Police Station fo...

Supreme Court

Supreme Court Grants Bail to Former Minister in PMLA Case Due to Prolonged Incarceration and Delay in Trial. Right to Speedy Trial Under Article 21 Prevails Over Twin Conditions Under Section 45 PMLA Where Trial of Scheduled Offences is Unlikely to Conclude in Near Future.

15 Oct 2024

The appellant, V. Senthil Balaji, a former Transport Minister of Tamil Nadu, was arrested on 14 June 2023 by the Enforcement Directorate (ED) in conne...

Supreme Court

Supreme Court Dismisses Bail Appeals of Former Deputy Chief Minister in Delhi Excise Policy Case — Trial Delay Attributable to Appellant's Own Conduct of Filing Frivolous Applications Under Section 207 Cr.P.C. The Court held that the appellant failed to satisfy the triple conditions under Section 45 of the Prevention of Money Laundering Act, 2002, as the prosecution had made out a prima facie case and the appellant was likely to commit further offences if released on bail.

13 Sep 2024

The appellant, Manish Sisodia, former Deputy Chief Minister of Delhi, was arrested by the CBI on 26th February 2023 and by the ED on 9th March 2023 in...

High Court

High Court of Karnataka Grants Bail to Accused in Murder Case Under KCOCA — Prima Facie Case Not Made Out Against Petitioners. Court Held That Mere Presence at Scene or Association with Co-Accused Without Active Participation Does Not Attract Offences Under Karnataka Control of Organised Crime Act, 2000.

16 Jul 2024

The judgment pertains to three criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection ...

High Court

Bombay High Court Grants Bail to Petitioner in MPID Act Case Due to Long Incarceration Exceeding Maximum Sentence. Petitioner incarcerated for over 7.5 years as undertrial for offences under MPID Act and IPC; court holds further detention violates Article 21.

3 May 2024

The Bombay High Court granted bail to a petitioner who had been incarcerated for over seven and a half years as an undertrial in a case under the Maha...

High Court

Bombay High Court Dismisses Bail Appeal in NIA Case Under UAPA and Explosives Substances Act — Appellant Alleged Co-Conspirator in ISIL Terror Plot. Court Held That Prima Facie Case of Conspiracy and Recovery of Incriminating Material From Appellant's House Attracted Bar Under Section 43D(5) of UAPA, Precluding Grant of Bail.

13 Aug 2021

The appellant, Iqbal Ahmed Kabir Ahmed, was accused No. 3 in a case registered by the National Investigation Agency (NIA) for offences under the India...

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