Search Results for "bail rejection"

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Search Results for "bail rejection"

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High Court

Bombay High Court Quashes Extension Order in MCOCA Case for Non-Compliance with Section 21(2)(b) — Default Bail Granted. Extension granted on application of Investigating Officer instead of Public Prosecutor's report, and without hearing accused, held illegal.

8 Dec 2023

The appellants were arrested in Crime No. 242/2023 by Wardha City Police for offences under Sections 307, 143, 147, 149 of the Indian Penal Code, Sect...

Supreme Court

Supreme Court Expunges Adverse Remarks and Sets Aside CBI Direction in Bail Proceedings Due to Lack of Lis and Judicial Overreach. High Court's Remarks Against Non-Parties and Direction for Investigation Without Hearing Violate Principles of Judicial Restraint and Fair Opportunity Under Code of Criminal Procedure, 1973.

21 Mar 2023

The Supreme Court addressed appeals against an interim order of the High Court of Karnataka dated 07.07.2022, which involved adverse remarks and a dir...

High Court

Bombay High Court Grants Bail to Accused in Bhima Koregaon-Elgar Parishad Case Under UAP Act. Prolonged Incarceration Without Trial Violates Article 21 and Entitles Accused to Bail Despite Section 43D(5) Bar.

19 Sep 2022

The appellant, Hany Babu, a professor and academic, was arrested on 28 July 2020 in connection with FIR No. 1 of 2020 registered by the National Inves...

High Court

Bombay High Court Allows Bail Under Section 437(6) CrPC for Trial Delay Beyond 60 Days — Accused Entitled to Default Bail Despite Seriousness of Offence. The court held that Section 437(6) CrPC is mandatory and once the statutory period expires without trial conclusion and accused not at fault, bail must be granted.

19 Jul 2022

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered at Gadchiroli Police Station for offences under Sections ...

High Court

High Court of Karnataka Grants Bail to Accused No.1 in Murder Case Due to Lack of Prima Facie Evidence of Conspiracy. The court found discrepancies in the prosecution's case and held that the petitioner, a woman, was entitled to bail under Section 439 CrPC for offences under Sections 302, 120B, and 34 IPC.

12 May 2022

The petitioner, Nethra, accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in C.C.N...

Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

High Court

Bombay High Court Allows Applicant's Challenge to Cancellation of Bail in Murder Case — Cancellation Order Quashed for Lack of Supervening Circumstances. Bail Granted After Charge-Sheet Cannot Be Cancelled on Same Grounds as Rejection.

21 Nov 2019

The applicant, Mahadeo Deoba Gajbhar, was arrested in connection with Crime No.30/2019 for offences under Sections 302, 143, 147, 148, 149, 323 and 50...

High Court

Bombay High Court Dismisses Application for Cancellation of Bail in POCSO Case — No Supervening Circumstances or Misconduct Established. Court held that cancellation of bail requires proof of misuse of liberty or supervening circumstances, not mere disagreement with the bail order.

21 Jul 2015

The applicant, a minor victim through her natural guardian, filed an application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Placement of Vital Bail Order. The court held that failure to place the detailed bail order before the Detaining Authority vitiated the subjective satisfaction under Section 3(1) of COFEPOSA.

12 Mar 2015

The petitioner, Shobha Dattatray Bodake, filed a writ petition under Article 226 of the Constitution of India challenging the preventive detention ord...

High Court

Bombay High Court Allows Application to Quash Cancellation of Bail in Assault Case — Cancellation Based on Gravity of Offence Without Violation of Bail Conditions Held Illegal. The court restored bail under Section 437(5) CrPC and alternatively granted anticipatory bail under Section 438 CrPC.

30 Nov 2011

The applicants, seven individuals, were accused in Crime No. 35 of 2011 registered at Shirasgaon Police Station, District Amravati, for offences under...

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