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Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony of Interested Witness and Lack of Corroboration. Conviction under Section 302 IPC Set Aside as Sole Eyewitness, Being Brother of Deceased, Was Not Credible and Medical Evidence Did Not Support Prosecution Case.

The case pertains to the murder of one person, for which the appellants (original accused Nos. 1 and 2) were convicted by the Additional Sessions Judg...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...

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Bombay High Court Upholds Conviction for Murder in Protection Money Dispute — Common Intention Established Under Section 302 read with Section 34 IPC. The court affirmed the life sentence of two appellants who stabbed a victim to death for intervening when they demanded protection money from a shopkeeper.

The appellants, Sadashiv Muttappa Aiwale and Mohan Kumar Hatale, were convicted by the Sessions Judge, Sangli, for the murder of Rafiq under Section 3...

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Bombay High Court Acquits Accused in Kidnapping and Rape Case Due to Inconsistent Evidence and Voluntary Accompaniment. Prosecutrix's Voluntary Conduct and Delayed FIR Undermine Allegations Under Sections 363, 366, 376 IPC.

The appellant, Rajan Kannan Padiyachi, was convicted by the 1st Ad-hoc Additional Sessions Judge, Kalyan, in Sessions Case No.159 of 1997 for offences...

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Bombay High Court Dismisses PIL Seeking Ban on Gutka and Pan Masala in Navi Mumbai - No Statutory Prohibition Found. Court Refuses to Direct Police to Ban Sale of Gutka and Pan Masala in Absence of Any Law Prohibiting Such Sale.

The petitioner, Rahul S. Thakur, filed a Public Interest Litigation before the Bombay High Court seeking a direction to the Commissioner of Police, Na...

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Bombay High Court Allows Furlough to Life Convict Despite Pending Appeal — Furlough Not a Suspension of Sentence. Furlough is a matter of right under Prisons (Bombay Furlough and Parole) Rules, 1959, and cannot be denied solely because appeal is pending.

The petitioner, Ramesh Babulal Sahu, was convicted for murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment on 14 Marc...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Conditions and In-Camera Statements Did Not Show Prejudicial Activity After Release.

The petitioner, wife of the detenu Chandrakant Prabhakar Todankar, challenged the detention order dated 19th August 2004 passed under the Maharashtra ...

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Bombay High Court Strikes Off Amicus Curiae for Non-Appearance in Criminal Appeal. Court Directs Registry to Remove Advocate from Panel for Failure to Appear Despite Adjournment.

The appellant, Jhonson Danial Disoza, a prisoner, preferred a criminal appeal through jail against his conviction. Since he did not engage an advocate...