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Bombay High Court Partly Allows Quashing Petition in Extortion Case — MCOCA Approval Set Aside for Lack of Application of Mind. FIR under Section 387 IPC Upheld as Prima Facie Case Exists, but Sanction Under Section 23(1) MCOCA Quashed as Mechanical and Without Proper Satisfaction.

The Applicant, Hemant Dhirajlal Banker, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.303/...

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Bombay High Court Examined Application Under Section 482 CrPC to Quash FIR for Offences Under IPC and SC/ST Act in Property Dispute. Alleged Caste-Based Abuse in Court Premises and Threat to Withdraw Civil Suit Were Examined for Prima Facie Offences.

The matter concerned a criminal application under Section 482 of the Code of Criminal Procedure, 1973 filed by the applicant, the accused in FIR No. 1...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Interested Witness and Lack of Corroboration. Conviction under Section 302 IPC read with 34 IPC set aside as sole eyewitness was a close friend of deceased and his testimony was not corroborated by other evidence.

The case involves an appeal against the conviction of three appellants for the murder of Mayur Damle under Section 302 read with 34 IPC and for assaul...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Case. Allegations of Caste-Based Insults and Outraging Modesty Found Vague and Contradictory, Not Attracting Bar Under Section 18 of SC/ST Act.

The present appeal was filed by Suryakant Vitthalrao Shelke and Pradip Ramrao Surwase against the order of the Sessions Court rejecting their applicat...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Circumstantial Evidence and Unreliable Witnesses. Conviction under Sections 302, 201, 364, 120-B IPC and Section 3(2)(v) of SC & ST (Prevention of Atrocities) Act, 1989 Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellants, Sachin Jalindar Chavan and Babasaheb Jalindar Chavan, were convicted by the Additional Sessions Judge, Ahmednagar, for the murder of V...

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Bombay High Court Disposes of Three Appeals in Culpable Homicide Case; Upholds Conviction and Sentence. Fatal Knife Blow in Sudden Quarrel Over Water Sharing Held to Fall Under Section 304 Part II IPC, Not Murder.

The case arose from a water-sharing dispute between family members. On 21 October 2010, the first informant Kalekha (PW 1) was standing at Bazar Patti...

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Bombay High Court Allows Pre-Arrest Bail to Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Intent to Humiliate. Caste-Based Insult Allegation Found to Be an Afterthought in a Property Dispute Under Section 3(1)(r)(s) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellant, Kadubal Govind Gore, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

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CRIMINAL APPEAL NO.935 OF 2014

The High Court of Judicature at Bombay considered three criminal appeals arising from a common judgment of the Additional Sessions Judge, Raigad-Aliba...