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Search Results for "bail order"

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Supreme Court

Supreme Court Examines Interface Between Section 43-D(5) of Unlawful Activities (Prevention) Act, 1967 and Article 21 of Constitution of India, and Propriety of Smaller Benches Diluting Larger Bench Decision on Bail. The Appeal Arises from High Court Dismissal of Bail Under UAPA and NDPS Act, Raising Questions on Compatibility of Bail Restrictions with Right to Personal Liberty.

1 Jan 1970

The appellant, a government employee and political activist associated with the Jammu & Kashmir People's Conference, was initially taken into preventi...

Supreme Court

Supreme Court Quashes Anticipatory Bail Orders in Fraud Case Due to Erroneous Legal Interpretation by High Court. High Court's grant of anticipatory bail was based on incorrect view that Magistrate's order under Section 156(3) CrPC was invalid for non-examination of complainant under Section 200 CrPC, which the Supreme Court held unsustainable as such order can precede cognizance.

26 Jul 2021

The Supreme Court heard a batch of four criminal appeals arising from anticipatory bail orders granted by the Bombay High Court. The appellant, a comp...

High Court

Bombay High Court Dismisses Bail Appeal in POTA Case — Confessional Statement of Co-Accused and Recovery of AK-56 Rifle Considered Sufficient for Prima Facie Case. The court held that the confessional statement of a co-accused and recovery of an AK-56 rifle are relevant considerations for denying bail under Section 49 of the Prevention of Terrorism Act, 2002.

19 Dec 2005

The appellant, Aatif Nasir Mulla, was an accused in POTA Special Case No. 2 of 2003 pending before the Special Court, Mumbai, for his alleged involvem...

Supreme Court

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.

3 Sep 2024

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

High Court

Bombay High Court Upholds Bail Granted to Accused in NIA Case Involving Explosives and Unlawful Activities — No Prima Facie Case Under UAPA Sections 16, 18, 20. Court finds that mere recovery of gelatine sticks without evidence of terrorist intent does not attract UAPA provisions, and bail conditions are sufficient to secure trial.

21 Dec 2021

The National Investigation Agency (NIA) appealed against the order of the Special Judge granting bail to Respondent No.1, Naresh Ramniklal Gaur @ Gor,...

High Court

Bombay High Court Quashes Detention Order in M.P.D. Act Case Due to Non-Application of Mind and Lack of Material to Show Public Order Threat. Detenu's alleged criminal activities were law and order issues, not public order, and the Detaining Authority failed to consider the detenu's bail status.

22 Dec 2022

The petitioner, Namrata Avinash Kadu, wife of the detenu Avinash Vasant Kadu, challenged the detention order dated 11th February 2022 passed by the Co...

Supreme Court

Supreme Court Grants Bail to Editor-in-Chief in Abetment to Suicide Case — High Court Erred in Declining Bail Without Prima Facie Evaluation of FIR. Non-Payment of Dues Alone Does Not Constitute Abetment to Suicide Under Section 306 IPC.

27 Nov 2020

The appellant, Arnab Manoranjan Goswami, Editor-in-Chief of Republic TV, was arrested on 4 November 2020 in connection with FIR No. 59 of 2018 registe...

Supreme Court

Supreme Court Sets Aside Bail in Murder Case Involving Extra-Marital Relationship. High Court's Grant of Bail Quashed for Failure to Consider Seriousness of Offence and Witness Tampering Allegations Under Section 302 IPC and Arms Act.

1 Jan 2023

The appellant, Rohit Bishnoi, brother of the deceased Vikash Panwar, filed an FIR alleging that his brother was murdered due to his extra-marital live...

Supreme Court

Supreme Court Quashes Bail Orders of Convicted Accused in Murder Case Due to Improper Consideration of Seriousness of Offence and Threats to Witnesses. Bail Pending Appeal Should Not Be Granted Lightly After Conviction for Offences Under Sections 302/149, 201 read with 120B IPC, Especially When Accused Have Undergone Only 8 Months of Sentence and Have a History of Intimidating Witnesses.

7 Sep 2021

The Supreme Court of India heard criminal appeals filed by the appellant, the widow of the deceased, challenging the bail orders passed by the High Co...

High Court

Bombay High Court Quashes Prior Approval Under MCOC Act Against Mother of Accused for Lack of Continuing Unlawful Activity — Pre-Arrest Bail Granted Despite Section 21(3) Embargo. The court held that a single act of purchasing a car after the crime does not constitute 'continuing unlawful activity' under Section 2(1)(d) of MCOC Act, and Section 21(3) does not bar constitutional remedy under Article 226.

28 Jun 2024

The petitioner, a woman, challenged the prior approval granted under Section 23(1)(a) of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Ac...

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