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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Placement of Full Bail Order Before Detaining Authority. Failure to Furnish Complete Bail Order Violates Right to Make Effective Representation Under Article 22(5) of the Constitution.

The petitioner, Vikram @ Bala Shahaji Sonavane, challenged an order of preventive detention dated 18/7/2024 passed by the Commissioner of Police, Than...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Considering Representation. Preventive Detention Order Set Aside as State Failed to Explain Delay of Over 100 Days in Disposing Detenu's Representation, Violating Article 22(5) of Constitution.

The petitioner, Devendra Ramlal Bidlan, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offender...

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Bombay High Court Quashes Preventive Detention Order for Non-Supply of Bail Orders and Documents. Detenu's Right to Make Effective Representation Violated Under Article 22(5) of Constitution and Maharashtra Prevention of Dangerous Activities Act, 1981.

The petitioner, Ratnamala Mukund Balkhande, filed a criminal writ petition on behalf of her son, Sachin Mukund Balkhande, who was preventively detaine...

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Bombay High Court Allows Habeas Corpus Petition for Illegal Detention Without Production on Remand Date. Failure to Produce Accused Physically or Virtually on 22 March 2022 Renders Remand Order Invalid and Detention Illegal.

The petitioner, Sushil Lohiya, filed a habeas corpus petition on behalf of his son Brijesh Lohiya, who was an accused in an offence registered under S...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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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 ...

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Bombay High Court Allows Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Vital Documents. Non-Consideration of Bail Order and Retraction of Statements Violates Right to Make Effective Representation Under Article 22(5) of Constitution.

The petitioner, wife of the detenu Ganesh Maharudra Desai, challenged the detention order dated 6/8/2009 passed under Section 3(1) of the Conservation...

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Bombay High Court Dismisses Habeas Corpus Petition of POTA Detenus Seeking Release on Ground of Unlawful Detention. Court holds that detention under POTA is valid and habeas corpus cannot be used to challenge conditions of detention or seek bail.

The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention unde...