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Bombay High Court Grants Bail to Accused in Bhima Koregaon UAPA Case on Medical Grounds — Age and Health Conditions of 83-Year-Old Petitioner Considered. Court held that prolonged incarceration violates Article 21 right to life and health, granting bail under Section 439 CrPC and Section 43D(5) UAPA.

The petitioner, Dr. P. Varavara Rao, an 83-year-old poet and activist, was arrested in connection with the Bhima Koregaon case and charged under the U...

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Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Detenu's Judicial Custody and Lack of Bail Possibility. Preventive Detention Order Invalidated as Subjective Satisfaction Vitiated Due to Non-Application of Mind to Custody Status Under Section 3(2) of MPDA Act.

The petitioner, Shahid Hussain Iqbal Shaikh @ Kanya Babu, challenged an order of detention dated 6-9-2004 passed by the Commissioner of Police, Brihan...

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High Court of Karnataka Considers Petitions for Cancellation of Bail in Murder and Conspiracy Case — Cancellation Sought Under Section 439(2) Cr.P.C. for Offences Including Murder and Criminal Conspiracy

These criminal petitions were filed under Section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of bail granted to various accus...

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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 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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Supreme Court Grants Bail to Former Minister in PMLA Case Due to Prolonged Incarceration and Delay in Trial. Right to Speedy Trial Under Article 21 Prevails Over Twin Conditions Under Section 45 PMLA Where Trial of Scheduled Offences is Unlikely to Conclude in Near Future.

The appellant, V. Senthil Balaji, a former Transport Minister of Tamil Nadu, was arrested on 14 June 2023 by the Enforcement Directorate (ED) in conne...