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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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CRIMINAL WRIT PETITION NO. 4107 OF 2024

The petitioner, Anna Maruti Shinde, aged 52 years, unemployed, residing at Kharvai, Badlapur East, District Thane, filed Criminal Writ Petition No. 41...

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KAHC010008432018_1

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Rangnath Bhagwanta Pawar, was convicted by the learned Ad-hoc Additional Sessions Judge-I, Jalgaon, in Sessions Case No.55 of 2007 for ...

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Bombay High Court Considers Reference for Confirmation of Death Sentence Under Section 366 CrPC and Criminal Appeal Against Conviction. The Trial Court Convicted the Accused Under Sections 302, 307, 323 Indian Penal Code and Awarded Death Sentence.

The matter came before the Bombay High Court as a confirmation reference under Section 366 of the Code of Criminal Procedure, 1973, and a criminal app...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Procedural Lapses and Lack of Incriminating Evidence. Court held that non-compliance with Section 52A of NDPS Act and absence of contraband recovery from accused Nos. 4, 5, and 6 entitled them to bail.

The Bombay High Court heard four bail applications arising from the same crime under the NDPS Act. The applicants were accused of involvement in a dru...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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Bombay High Court Upholds Conviction of Wife and Paramour for Murder of Husband Based on Circumstantial Evidence. Circumstantial evidence including ligature marks, recovery of weapon, and extra-judicial confession established guilt beyond reasonable doubt under Section 302 read with Section 34 IPC.

The case pertains to the murder of Ganesh Motiram Sakpal, husband of appellant Ashwini Ganesh Sakpal (accused No.1). The prosecution alleged that Ashw...