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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

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High Court of Karnataka Dismisses Petition to Cancel Bail in Cheating Case — No Misuse of Bail or Violation of Conditions Established. Section 439(2) Cr.P.C. requires strong grounds for cancellation; mere disagreement with trial court's reasoning insufficient.

The petitioner, Smt. Lalitha, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court o...

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Bombay High Court Dismisses Bank's Application to Cancel Bail Granted to Former Chairman and Managing Committee Members in Cooperative Bank Irregularities Case. Court holds that bail cancellation requires supervening circumstances or misuse of liberty, not mere filing of charge-sheet.

The applicant, The Balasaheb Satbhai Merchant Coop Bank Ltd., through its Liquidator, filed an application under Section 439(2) of the Code of Crimina...

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Bombay High Court Quashes Detention Order Under MPID Act for Non-Supply of Vital Bail Documents. Failure to furnish bail application and order to detenu violated Article 22(5) of Constitution and Section 8(b) of Maharashtra Prevention of Dangerous Activities Act, 1981.

The petitioner, Hemchand Somnath Gupta, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offender...

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Bombay High Court Grants Bail to Applicant in Mob Lynching Case — No Prima Facie Case for Murder. Applicant's Role Limited to Being Part of Unlawful Assembly Without Specific Overt Act.

The applicant, Rajesh Dhakal Rao, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in connection wi...

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Bombay High Court Quashes Cancellation of Bail by Same Court - Sessions Court Cannot Cancel Its Own Bail Order Under Section 439(2) CrPC. The court held that the Additional Sessions Judge lacked jurisdiction to cancel its own bail order, as only a higher court can exercise such power.

The petitioner, Ravindra s/o Mansingh Jadhav, was granted bail by the Additional Sessions Judge, Aurangabad on 10.06.2022 in Criminal Bail Application...