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Search Results for "same court cannot cancel bail"

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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...

High Court

Bombay High Court Allows Bail Appeal in 2012 Pune Bomb Blasts Case Due to Inordinate Delay in Trial. Right to Speedy Trial Under Article 21 of the Constitution Overrides Statutory Restrictions Under Section 43-D(5) of UAPA.

20 Sep 2024

The appellant, Munib Iqbal Memon, was arrested on 26 December 2012 in connection with five bomb blasts that occurred in Pune on 1 August 2012. The bla...

High Court

High Court Dismisses/Allows Bail to Accused in Murder Case Involving Conspiracy and Long Detention Without Trial. Scope of Section 439 CrPC and Article 21 right to speedy trial evaluated in context of parity with co-accused and threat perception.

29 Jan 2024

The criminal petition was filed by accused Nos. 3 and 4 under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crim...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 — Search Conducted Without Informing Right to be Searched Before a Magistrate or Gazetted Officer. Non-compliance with Section 50 of the NDPS Act renders the search illegal, and the accused is entitled to bail under Section 37 as there is no prima facie case.

4 May 2023

The appellant, Atulbhai Vithalbhai Bhanderi, was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of...

High Court

High Court of Karnataka Dismisses State's Petition to Cancel Bail in Double Murder Case — Bail Cancellation Requires Supervening Circumstances or Misuse of Liberty, Not Mere Reappreciation of Evidence. The State sought cancellation of bail granted under Section 302 IPC for double murder, but the court found no supervening circumstances.

27 Jan 2022

The State of Karnataka, through Somwarpet Police Station, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Act Case Due to Non-Application of Mind and Stale Material. Detenu Granted Bail Months Before Detention Order, Conditions Fulfilled, No Breach of Public Order Established.

25 Jan 2022

The Supreme Court allowed the appeal against the preventive detention of the detenu under the Telangana Prevention of Dangerous Activities Act, 1986. ...

High Court

High Court Grants Bail to Nigerian National in ATM Fraud Case Under Sections 66(C) and 66(D) of IT Act — Petitioner Not Named in FIR and No Criminal Antecedents. Foreign National Status Not a Ground to Deny Bail When Custodial Interrogation Not Required.

30 Nov 2020

The petitioner, Aluka Sandra Orewa @ Benny, a Nigerian national, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (...

High Court

High Court of Karnataka Grants Bail to Accused in Murder Case Due to Parity with Co-Accused Already Released on Bail. Principle of parity applied under Section 439 Cr.P.C. for offences under Sections 302, 307, 326, 324, 504, 427, 149 IPC.

19 Jan 2017

The petitioners, accused Nos. 3, 5, 6, 8, 10 and 15, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) see...

High Court

High Court of Karnataka Dismisses Petition for Cancellation of Bail Filed by Complainant's Wife — Locus Standi Under Section 439(2) CrPC Not Available to Private Complainant. The court held that only the court or the prosecution can seek cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973, not a private individual.

21 Nov 2013

The petitioner, Smt. Kashibai, wife of the deceased, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973, seeking c...

High Court

Bombay High Court Dismisses Petition Challenging Cancellation of Anticipatory Bail for Breach of Conditions in Dowry Case. Failure to Appear Before Investigating Officer and Alleged Threats to Complainant Constitute Valid Grounds for Cancellation Under Sections 498A, 406, 323, 504, 506 IPC and Dowry Prohibition Act.

18 Oct 2013

The petitioners, Dinesh Hilal Mahajan, Ushabai w/o Hilal Mahajan, and Nilesh s/o Hilal Mahajan, were accused in Crime No. 43/2013 registered at Deopur...

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