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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detention order set aside as the detaining authority failed to consider the petitioner's bail status and relied on stale material.

The petitioner, Asif Shaikh, challenged an order dated 22nd June 2023 passed by the Commissioner of Police, Mumbai, detaining him under Section 3(2) o...

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Bombay High Court Allows Wife's Petition for Bail and Quashes Police Custody Remand Orders in Prison Corruption Case. Petitioner's Husband, a Police Constable, Granted Bail on Conditions as Investigation Complete and No Further Custodial Interrogation Required.

The petitioner, Sadhana Rathod, wife of arrested accused Ajinkya Rathod, filed a criminal writ petition under Article 227 of the Constitution of India...

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Bombay High Court Allows Default Bail to Accused in MPID Act Case Due to Chargesheet Not Taken Cognizance Within 90 Days. The right to default bail under Section 167(2) CrPC accrues when the chargesheet is not taken cognizance within the prescribed period, even if physically filed earlier.

The applicant, Wasudeo Shrawan Kamble, was arrested on 13 July 2020 in connection with Crime No. 427/2020 registered at Police Station Ballarshah, Dis...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. The court held that failure to consider the detenu's retraction of confession and non-supply of the retraction letter violated Article 22(5) of the Constitution.

The petitioner, Anju Madan Lalwani, wife of Madan Vishindas Lalwani, filed a writ petition under Article 226 of the Constitution challenging the deten...

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Bombay High Court Resolves Conflict on Applicability of Section 167(2)(a)(i) vs (ii) CrPC for Default Bail in Offences Punishable with Life Imprisonment. The court held that life imprisonment is a term of not less than ten years, thus the 90-day period under clause (ii) applies.

The case arose from a reference made by a learned Single Judge of the Bombay High Court while hearing a bail application filed by two accused persons,...