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Search Results for "bail rule jail exception"

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High Court

Bombay High Court Grants Bail to Accused in Cheating and Forgery Case Citing Parity and Long Incarceration. Investigation Complete, No Custodial Interrogation Required Under Section 439 CrPC.

16 Dec 2025

The judgment pertains to bail applications filed by three applicants — Aditya Avinash Sood, Arunkumar Devnath Singh, and Vishal SurendraKumar Agarwa...

High Court

Bombay High Court Grants Bail to Under-Trial Accused in Murder Case Due to 9-Year Incarceration and HIV Condition. Long Incarceration Violates Right to Speedy Trial Under Article 21; Bail Granted Under Section 439 Cr.P.C.

14 Feb 2025

The applicant, Ganesh Madhukar Mendarkar, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wi...

High Court

Bombay High Court Grants Bail to Accused in Murder Case Due to Long Incarceration and Speedy Trial Violation. Right to Personal Liberty Under Article 21 Prevails Over Gravity of Offence in Circumstantial Evidence Case Based on Last Seen Theory.

7 Feb 2025

The applicant, Santosh Pralhad Waghmare, was arrested on 26 March 2017 in connection with C.R. No.76 of 2017 registered at Hill Line Police Station fo...

High Court

Bombay High Court Holds Anticipatory Bail Application Maintainable Despite Applicant's Custody in Another Crime. Section 438 CrPC Does Not Bar a Person Already Arrested in a Different Case from Seeking Pre-Arrest Bail.

31 Oct 2023

The applicant, Amar S. Mulchandani, filed an anticipatory bail application under Section 438 CrPC in connection with C.R.No.806 of 2019 registered at ...

High Court

Karnataka High Court Grants Bail to Accused in Murder Case Due to Lack of Prima Facie Evidence and Long Incarceration. The court held that call detail records alone are insufficient to establish a prima facie case for murder under Section 302 IPC, and the accused's right to speedy trial was violated due to prolonged detention without trial.

21 Mar 2023

The petitioner, Mr. Narayanaswamy, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in connecti...

Supreme Court

Supreme Court Sets Aside Bail Granted by High Court in Murder Case Due to Lack of Reasoning and Failure to Consider Criminal Antecedents. The High Court's orders granting bail were cryptic and did not consider the gravity of the offence or the criminal antecedents of the accused.

10 Dec 2021

The appeals were filed by the informant-appellant, the mother of the deceased Rupesh Kumar, challenging the orders dated 22.07.2021 and 13.09.2021 pas...

High Court

Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence.

28 Aug 2020

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 ...

Supreme Court

Supreme Court Grants Bail to Former Union Minister in PMLA Case — Economic Offence Bail Principles Reiterated. The court held that the twin conditions under Section 45 PMLA are not absolute and must be applied with reference to the facts, and that once investigation is substantially complete, custodial interrogation is not necessary.

15 Nov 2019

The Supreme Court allowed the appeal of P. Chidambaram against the Delhi High Court's order denying him regular bail in a money laundering case regist...

Supreme Court

Supreme Court Grants Bail to Former Finance Minister in INX Media Corruption Case — Held That Apprehension of Influencing Witnesses Without Material Cannot Deny Bail

22 Oct 2019

The Supreme Court allowed the appeals filed by P. Chidambaram against the Delhi High Court's order denying him regular bail in the INX Media corruptio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detenu in Custody Without Imminent Release Possibility. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Detenu's Judicial Custody and Imminent Bail Possibility Under Section 3(2) of MPDA Act.

6 Jul 2018

The petitioner, Ankush Vaman Pawar, a resident of Pune, was detained at Yerawada Central Prison pursuant to an order dated 12 March 2018 passed by the...

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