Search Results for "section 438 crpc"

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Search Results for "section 438 crpc"

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High Court

Bombay High Court Grants Anticipatory Bail to Petitioners in Corruption Case Involving Alleged Forgery of Will and Misappropriation of Property. Court Holds That Custodial Interrogation Not Required When Documents Are Already Seized and Petitioners Are Willing to Cooperate.

9 Oct 2023

The petitioners, Eknath Ganpatrao Khadse (aged 72), Mandakini Eknath Khadse (aged 62), and Girish Dayaram Chaudhary (aged 50), filed a Criminal Writ P...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Evidence and Malafide Intent. Court held that the ingredients of Section 3(1)(r) of SC/ST Act were not made out as the alleged insult was not in public view and the relationship was consensual.

11 Apr 2023

The judgment pertains to three criminal appeals filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Ac...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Case. Allegations of Caste-Based Insults Found Vague and Not Attracting Offences Under Sections 3(1)(r) and 3(1)(s) of SC/ST Act.

10 Mar 2023

The judgment pertains to two criminal appeals filed by Jagdish Sajjankumar Banka and Satish Sajjankumar Banka under Section 14-A of the Scheduled Cast...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Caste-Based Intent. Allegations of Outraging Modesty and Caste Abuse Found Vague, Not Attracting Section 3(1)(r) and 3(1)(s) of SC & ST (Prevention of Atrocities) Act, 1989.

5 Jan 2023

The appellants, Yogesh Laxman Pandav, Savita Laxman Pandav, and Laxman Totaram Pandav, filed a criminal appeal under Section 14-A of the Scheduled Cas...

High Court

Bombay High Court Grants Anticipatory Bail to Whistleblower in Atrocities Act Case — Allegations of Misappropriation by Sarpanch Lead to False Implication. The court held that the bar under Section 18 of the SC/ST Act does not apply when the allegations are prima facie false and the accused is a whistleblower.

24 Jun 2022

The appellant, Sarjerao Vishwambhar Jadhav, filed a criminal appeal before the Bombay High Court challenging the order of the Special Judge under the ...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case for Lack of Prima Facie Intent to Humiliate Based on Caste. The alleged insult was not shown to be on account of the victim's caste, and the incident arose from a personal dispute, not caste animus.

26 Apr 2022

The appellant, Ramrao Kashinath Rathod, filed a criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. Allegations of Caste-Based Insults Under Section 3(1)(r) of SC & ST (Prevention of Atrocities) Act, 1989 Found to Be Vague and Not Attracting the Bar Under Section 18 of the Act.

4 May 2021

The appellant, Mahesh Bhikaji Badave, filed a criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities...

High Court

Bombay High Court Grants Anticipatory Bail to Corporator Accused of Extortion Using RTI Information — Prima Facie Case Not Made Out as Complaints Lack Specificity and Are Motivated by Malice. The court held that the essential ingredients of extortion under Sections 384, 385, 386, 387, and 506 IPC were not established, and the delay in filing FIRs indicated mala fides.

7 Jan 2021

The applicant, Dhananjay Vitthal Gawade, a sitting corporator of Vasai-Virar Municipal Corporation and an RTI activist, faced nine FIRs alleging that ...

High Court

Bombay High Court Grants Anticipatory Bail to Architect and Engineer in Building Collapse Case - No Prima Facie Case of Culpable Homicide Made Out. The court held that the allegations did not disclose the ingredients of Section 304 IPC as there was no intention or knowledge of likely death, and the case was more appropriately covered under Section 304-A IPC which is bailable.

7 Jan 2021

The judgment pertains to two anticipatory bail applications filed by Vivek Keshavrao Dongre, a civil engineer and proprietor of M/s Vertical Architect...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case - No Prima Facie Case of Abetment to Suicide. Court Held That Mere Registration of FIR Under Atrocities Act Does Not Attract Bar Under Section 18 if Essential Ingredients Are Missing.

4 Mar 2020

The present appeal was filed by seven original accused persons challenging the order of the Additional Sessions Judge, Majalgaon, District Beed, dated...

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