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Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

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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.

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

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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.

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...

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Bombay High Court Upholds Life Sentence for Rape of Minor by Guardian - Conviction under Section 376(2)(f)(j)(i)(n) IPC confirmed based on consistent testimony of victim and medical evidence of pregnancy.

The appellant, Harishchandra Sitaram Khanorkar, was convicted by the trial court for offences punishable under Section 376(2)(f)(j)(i)(n) of the India...

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High Court of Karnataka Hears Writ Petition Seeking Compensation for Illegal Handcuffing and Parading in a Bailable Offence. The Court Deliberates on Police Conduct and Fundamental Rights Under Article 21 in Context of Section 138 Negotiable Instruments Act, 1881.

The petitioner, a law student, faced five criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, arising from dishonoured cheq...

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Bombay High Court Allows Ex Gratia Compensation for Custodial Death and Directs Registration of FIR Against Police Officials. Court Holds State Vicariously Liable for Violation of Right to Life Under Article 21 of Constitution of India in Custodial Death Case.

The petitioner, Ashok Kondaji Rokade, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, seeking ex gratia compensation...

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Bombay High Court Acquits Appellant in Murder Case Due to Inconsistent Evidence and Lack of Proof of Common Intention. Conviction under Section 302 read with Section 34 IPC set aside as prosecution failed to establish appellant's participation in the murder of Rijwanabee.

The appellant, Gulshanbi Ayubsha, along with four other accused persons, was charged under Section 302 read with Section 34 of the Indian Penal Code, ...