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Search Results for "bail jurisdiction"

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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Detenu Already in Judicial Custody — Failure to Consider Less Drastic Remedy Renders Detention Invalid. The court held that a preventive detention order cannot be sustained when the detenu is already in custody and the detaining authority fails to consider the possibility of resorting to less drastic remedies such as cancellation of bail.

4 Apr 2016

The petitioner, Sagar Prakash Bhosale, challenged a preventive detention order dated 1 June 2015 passed by the Commissioner of Police, Solapur, under ...

Supreme Court

Supreme Court Upholds CBI Arrest of Chief Minister in Excise Policy Corruption Case, Denies Bail Due to Gravity of Offence. Arrest under Section 41(1)(b)(ii) CrPC valid despite non-issuance of notice under Section 41A as accused was already in judicial custody; High Court's direction to approach trial court for bail not erroneous.

13 Sep 2024

The Supreme Court dismissed appeals by Arvind Kejriwal challenging his arrest by the CBI and denial of regular bail in connection with the Excise Poli...

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 Initiates Contempt Proceedings for Wilful Disobedience of Anticipatory Bail Order — Police Custody Remand Granted Despite Interim Protection. The Investigating Officer and Magistrate acted in gross derision of the Supreme Court's order granting interim anticipatory bail by arresting the petitioner and granting police custody remand without any indication of non-cooperation.

7 Aug 2024

The petitioner, Tusharbhai Rajnikantbhai Shah, was an accused in FIR No. 11210068230266 dated 21 July 2023 for offences under Sections 420 and 120B of...

Supreme Court

Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

28 Feb 2025

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

Supreme Court

Supreme Court Dismisses Bail Appeals of Former Deputy Chief Minister in Delhi Excise Policy Case — Trial Delay Attributable to Appellant's Own Conduct of Filing Frivolous Applications Under Section 207 Cr.P.C. The Court held that the appellant failed to satisfy the triple conditions under Section 45 of the Prevention of Money Laundering Act, 2002, as the prosecution had made out a prima facie case and the appellant was likely to commit further offences if released on bail.

13 Sep 2024

The appellant, Manish Sisodia, former Deputy Chief Minister of Delhi, was arrested by the CBI on 26th February 2023 and by the ED on 9th March 2023 in...

High Court

High Court Quashes Preventive Detention Order Under MPDA Act Due to Lack of Compelling Necessity for Detaining Person Already in Custody. Detaining Authority Failed to Provide Cogent Material Showing Likelihood of Detenu's Release on Bail, Rendering Detention Order Invalid.

6 Jun 2005

Background: The case involves a writ petition under Article 226 of the Constitution challenging a preventive detention order passed against the petiti...

High Court

Bombay High Court Quashes Preventive Detention Order for Detenu Already in Jail — Subjective Satisfaction Vitiated. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider necessity of preventive detention when detenu was already in custody.

7 Aug 2012

The petitioner, Pramod Ashok Pujari, was a detenu under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders a...

High Court

Bombay High Court Rejects Bail for Gang Rape Accused Despite 3-Year Incarceration, Citing Prima Facie Evidence and Seriousness of Offence Under Section 376(D) IPC. Speedy Trial Violation Claim Rejected as Charge Framed and Trial to Be Expedited.

17 Mar 2025

The applicant, Nitesh Raghunath Lahange, filed a second bail application before the Bombay High Court seeking release in connection with Crime No. I-1...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

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