Search Results for "custody requirement"

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High Court

Bombay High Court Declares Arrest Illegal for Non-Compliance with Article 22(1) and Section 50 Cr.P.C. — Failure to Communicate Grounds of Arrest in Writing Renders Arrest and Subsequent Remand Void. The court held that the constitutional mandate under Article 22(1) requires grounds of arrest to be communicated in writing, and oral communication is insufficient, vitiating the arrest and all subsequent remand orders.

18 Jul 2024

The petitioner was arrested on 22 February 2024 in connection with C.R. No.68 of 2020 registered at Malad Police Station for offences under Sections 4...

Supreme Court

Supreme Court Allows Default Bail in PC Act Case, Holds Detention Period of 60 Days Applies When Maximum Sentence is Not Explicitly at Least Ten Years. The Court Interprets 'Imprisonment for a Term Not Less Than Ten Years' in Section 167(2) CrPC to Grant Default Bail When Charge Sheet Not Filed Within 60 Days.

1 Aug 2026

These Special Leave Petitions were preferred against the order of the Gauhati High Court dated 11.01.2017 rejecting the bail application of the petiti...

High Court

Bombay High Court at Goa Upholds State's Objection in Criminal Writ Petition, Dismissing Challenge to Initial Police Custody Remand. Accused Failed to Establish Violation of Constitutional Safeguards as Grounds of Arrest Were Communicated and Remand Order Became Infructuous After Bail Rejection.

27 Jul 2026

The matter arose from an FIR registered on 18 July 2026 at Mandrem Police Station, Goa, against the petitioner and his father for offences under the B...

Supreme Court

Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

Supreme Court

Supreme Court Declares Arrest Illegal for Violation of Article 22(1) and Section 50 CrPC — Failure to Communicate Grounds of Arrest. Appellant's arrest was set aside as the police failed to produce contemporaneous evidence of informing the appellant of the grounds of arrest, rendering the custody illegal.

14 Feb 2025

The appellant, Vihaan Kumar, was arrested on 10 June 2024 in connection with FIR No. 121 of 2023 registered under Sections 409, 420, 467, 468, 471 rea...

High Court

High Court of Karnataka Quashes Order Taking Cognizance Against Accused in NDPS Case for Non-Compliance with Section 52A — Statement Recorded Without Proper Safeguards Eschewed. The court held that the mandatory requirement of Section 52A of the NDPS Act, 1985 to produce seized contraband before the court for certification of inventory was not complied with, rendering the prosecution unsustainable.

28 Jul 2023

The petitioner, Mr. Emmanuel Michael, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code ...

High Court

Bombay High Court Grants Bail to Accused in PMLA Case on Ground of Long Incarceration and Medical Condition. The court held that the applicant, who had completed half of the maximum punishment of 7 years and was suffering from stage 4 colon cancer, was entitled to bail under Section 439 CrPC read with Section 45 PMLA.

19 Sep 2024

The applicant, Suryaji Pandurang Jadhav, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973 read with Section ...

High Court

Bombay High Court Acquits Accused in Double Murder Case Based on Circumstantial Evidence — Failure to Prove Motive and Inconsistencies in Evidence Lead to Benefit of Doubt. Conviction under Section 302 IPC for murder of wife and daughter set aside as prosecution failed to establish complete chain of circumstances.

6 Sep 2017

The appellant, Bhaurao s/o Maroti Keskar, was convicted under Section 302 IPC for the murder of his wife and one-and-a-half-month-old daughter. The pr...

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 Upholds Accused's Right to Default Bail in Pre-Charge Sheet Detention; Holds 60-Day Limit Applies Unless Offence Carries Minimum 10 Years' Imprisonment. Interpretation of 'imprisonment for a term not less than ten years' in Section 167(2) CrPC resolved in favor of personal liberty, entitling accused to statutory bail when charge sheet not filed within 60 days.

1 Jan 1970

The case arose from a petition under Article 136 of the Constitution challenging orders of the Gauhati High Court rejecting bail to the petitioner. Th...

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