Search Results for "Police Discretion"

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Bombay High Court Grants Bail to Accused in Attempt to Murder Case on Ground of Parity and Long Incarceration. Co-accused already granted bail; applicants entitled to same relief under Sections 140(2), 308(7), 3(5) of Bharatiya Nyaya Sanhita, 2023.

The applicants, Ramdev Singh Jadeja, Vishal Mir, and Chintan Arvindbhai Desai, filed a bail application under the Bharatiya Nyaya Sanhita, 2023 in con...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act. Search Conducted Without Informing Accused of Right to be Searched Before Gazetted Officer or Magistrate, Rendering Recovery Illegal.

The applicant, Dhanji Dubriya, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection with F...

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Bombay High Court Grants Bail to Accused in Attempt to Murder Case Due to Lack of Prima Facie Evidence and Delay in Filing FIR. Court Held That Absence of Grievous Injuries and Delay in FIR Weakened Prosecution Case Under Sections 140(2), 308(7), 3(5) of Bharatiya Nyaya Sanhita, 2023.

The applicants, Ankush Singh and Jatin Patel, filed a bail application under the Bharatiya Nyaya Sanhita, 2023, in connection with FIR No. 0039 of 202...

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Bombay High Court Grants Bail to Applicants in Attempt to Murder Case Due to Lack of Prima Facie Evidence. Court held that Section 308(7) BNS requires specific intent to cause death, which was absent as injuries were simple and on non-vital parts.

The applicants, Vikas Rajput and Dilip Gavit, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in c...

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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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Supreme Court Considers Appeals Against Convictions in Honour Killing Case Involving Inter-Caste Marriage. Multiple Accused Challenged Convictions Under Sections 302/149 IPC and SC/ST Act Provisions for Murder and Atrocities Against Dalit Victim.

The Supreme Court considered appeals challenging the Madras High Court's judgment dated 08.06.2022, which had modified convictions and sentences in a ...

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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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Bombay High Court Awards Compensation for Illegal Arrest in Electricity Theft Case Despite Full Payment of Dues. Petitioner's Arrest Violated Article 21 as Police Failed to Verify Payment from Complainant Before Arrest Under Sections 135 and 150 of Indian Electricity Act, 1886.

The petitioner, Alex Isaac, filed a criminal writ petition seeking a direction for legal action against persons responsible for his illegal arrest and...

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Bombay High Court Condemns Police for Illegal Detention of Senior Citizens in Domestic Violence Case — Violation of Article 21 of Constitution of India. Police Detention of Senior Citizens Without Warrant Held Unconstitutional Under Article 21.

The Bombay High Court dealt with a criminal writ petition filed by five petitioners, including Niraj Ramesh Jariwala, his parents (Ramesh Vitthaldas J...