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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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Bombay High Court Acquits Four Accused in Murder Case Due to Lack of Credible Evidence and Doubtful Identification. Conviction under Sections 302, 307, 324, 143, 147, 148, 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case involves four criminal appeals arising from a common judgment of the Additional Sessions Judge, Nagpur in Sessions Trial No. 278 of 2016, con...

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High Court of Karnataka Enhances Sentence in POCSO Case — State Appeal Against Inadequate Sentence Allowed. Court holds that Section 5(1) of POCSO Act mandates minimum sentence of ten years and trial court's imposition of less than ten years is illegal.

The State of Karnataka filed an appeal under Section 377(1)(b) of the Code of Criminal Procedure, 1973, challenging the inadequacy of the sentence imp...

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Bombay High Court Allows Parole to Life Convict in COVID-19 Parole Case Due to Practical Construction of Rule. Condition of Two Prior Releases Cannot Be Applied Pedantically When Purpose Was Prison Decongestion Under Rule 19(1)(C) of Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959.

The petitioner, Ayyaz Khan Zabaz Khan, a life convict under Section 302 of the Indian Penal Code, 1860, filed a criminal writ petition challenging the...

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Bombay High Court Dismisses Petition Challenging Rejection of Notice of Motion for Contempt in Property Dispute. Consent order allowing repairs and maintenance did not prohibit fixing of tiles on terrace, and society's actions were not in breach of the order.

The petitioner, M/s. Chetan Associates, a partnership firm, filed a suit against the respondent, Abhilasha Co-op. Hsg. Soc. Ltd., seeking injunctive r...

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Bombay High Court Allows Convict's Parole for Medical Treatment of Mother Despite Prison Overcrowding. Parole granted under Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 for compassionate reasons, not as a matter of right.

The petitioner, Roshan alias Chini Danichand Thakur, a convict serving sentence in Nashik Road Central Prison, filed a Criminal Writ Petition challeng...

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Bombay High Court Allows Furlough to Life Convict in Furlough Rejection Case — Rule 313(2) Goa Prison Rules, 2006 Held Directory. Convict Under Section 392 IPC Not Automatically Barred From Furlough; Long Incarceration and Good Conduct Considered.

The petitioner, Anthony Rebello, a life convict serving sentence at Central Jail Colvale, Goa, filed a Criminal Writ Petition before the Bombay High C...

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Bombay High Court Dismisses Journalist's Compensation Claim for Handcuffing During Police Transit. No Violation of Articles 14 and 21 Found as Handcuffing Was Justified by Threat of Escape and No Malice Established.

The petitioner, Satish Banwarilal Sharma, a journalist and managing editor of a daily newspaper, filed a criminal writ petition under Article 226 of t...

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Bombay High Court Allows Habeas Corpus Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Inordinate Delay. The court held that the detaining authority failed to apply its mind and the delay of over two years in executing the order vitiated the detention.

The petitioner, Naresh Dua, brother of the detenu Rajesh Dua, filed a habeas corpus petition under Article 226 of the Constitution of India challengin...