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Bombay High Court Allows Default Bail to Accused Arrested After Charge-Sheet Filing in Further Investigation. Right to Default Bail Under Section 167(2) CrPC Applies to Accused Arrested During Further Investigation, Not Extinguished by Prior Charge-Sheet Filing.

The Bombay High Court, in a referral order, resolved a conflict between two Single Judge decisions regarding the applicability of default bail under S...

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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 Dismisses Default Bail Appeals in UAPA Case — Extension of Investigation Time Valid Despite Procedural Irregularities. Supreme Court Had Restored Extension Order, Charge-Sheet Filed Within Extended Period, Hence No Indefeasible Right to Default Bail Under Section 167(2) CrPC.

The case involves two criminal appeals challenging a common order dated 28th June 2022 passed by the learned Special Judge, NIA, Greater Mumbai, rejec...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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High Court of Karnataka Quashes Remand Extension Order in UAPA Case for Lack of Jurisdiction — Magistrate Not Empowered to Extend Remand Beyond 15 Days Without Production of Accused. Default bail order set aside as premature.

The petitioners, five individuals arrested in Crime No.71/2022 registered by Panambur Police Station for offences under Sections 121, 121A, 120B, 153A...

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Bombay High Court Dismisses Habeas Corpus Petitions Challenging Judicial Custody Beyond 15 Days Under Section 309(2) Cr.P.C. — Remand Orders Not Vitiated as Petitioners Failed to Show Prejudice or Illegality.

The petitioners, Harshad Dinanath Bari and Ravindra Vasudev Bari & Ors., were accused in Boisar police station C.R. No. I-267/2017 (MPID Case No. 2 of...

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Bombay High Court Allows Default Bail to Accused in Murder Case Under Section 167(2) CrPC Due to Investigation Delay. Statutory Right to Default Bail Cannot Be Denied Even When Investigation Under MCOCA Is Pending, as Charge Sheet Was Filed After the Application for Default Bail.

The petitioner, Pankaj Sundarlal Yadav, was accused No.7 in Crime No.113/2015 registered at Police Station Gondia for offences under Section 302 read ...