Search Results for "bail jurisdiction"

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Search Results for "bail jurisdiction"

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High Court

Bombay High Court Allows German National to Travel Abroad in NDPS Case — Offences Under Sections 20(b)(ii)(A) and 27 Are Bailable, Section 37(1)(b) Restrictions Not Applicable. The court held that for offences punishable with imprisonment up to six months under the NDPS Act, the accused is entitled to bail as a matter of right, and the passport must be returned for travel.

23 Jun 2010

The petitioner, Stefan Mueller, a German citizen, was arrested in connection with a rave party raid on March 4, 2007, where a plastic bag containing G...

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...

Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Rape Case Involving Casting Couch Allegations Due to Overlooked Victim Credibility and Gravity of Offence. High Court's Grant of Bail Under Section 438 CrPC Set Aside as Court Emphasized Seriousness of Section 376 IPC Charges and Consistent Victim Statements Supporting Rape Allegations.

17 Mar 2023

The Supreme Court of India, in a judgment delivered by Justice Hima Kohli, addressed appeals arising from the High Court of Judicature at Bombay's ord...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Custody at Time of Order. The court held that the detaining authority must consider the likelihood of release on bail when the detenu is in custody; failure to do so renders the detention order invalid.

16 Apr 2016

The petitioner, Shahrukh Yunus Khan, challenged a preventive detention order passed by the Commissioner of Police, Pune City, on 23 December 2015 unde...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Murder Case Due to Erroneous High Court Order. High Court's Reliance on Incomplete Investigation Report Under Section 173 CrPC at Anticipatory Bail Stage Was Impermissible, and Anticipatory Bail Should Not Be Granted in Serious Offences Like Murder Under Section 302 IPC Without Cogent Reasons.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions challenging judgments of the High Court of Madhya Pradesh, whic...

Supreme Court

Supreme Court Allows Anticipatory Bail to Mother-in-Law in Triple Talaq Case — Section 7(c) of Muslim Women (Protection of Rights on Marriage) Act, 2019 Does Not Bar Anticipatory Bail Under Section 438 CrPC. Offence Under the Act Can Only Be Committed by Muslim Husband, Not Mother-in-Law.

3 Dec 2020

The appeal arose from a judgment of the Kerala High Court rejecting an anticipatory bail application filed by the appellant, the mother-in-law of the ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's custody and bail status, vitiating the preventive detention order.

20 Feb 2023

The petitioner, wife of the detenu Firoz @ Babali Makbul Khan, challenged the detention order dated 6th September 2022 passed by the Commissioner of P...

High Court

Bombay High Court Quashes Extension Order in MCOCA Case for Non-Compliance with Section 21(2)(b) — Default Bail Granted. Extension granted on application of Investigating Officer instead of Public Prosecutor's report, and without hearing accused, held illegal.

8 Dec 2023

The appellants were arrested in Crime No. 242/2023 by Wardha City Police for offences under Sections 307, 143, 147, 149 of the Indian Penal Code, Sect...

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