Search Results for "magisterial custody"

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Search Results for "magisterial custody"

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High Court

Bombay High Court Dismisses Habeas Corpus Petition of Police Officer in NIA Case — Detention Held Valid Despite Procedural Challenges. Court finds no violation of Section 45 CrPC, Section 167 CrPC, or Section 309 CrPC as consent was not required, first remand by Special Judge was valid, and remand continued through cognizance and subsequent orders.

6 Mar 2025

The petitioner, Sachin Hindurao Waze, a police officer, was arrested by the NIA on 13 March 2021 in connection with three interconnected incidents: th...

High Court

Bombay High Court Quashes FIR Against Ex-Chief Minister and MLA in Prison Assault Case Due to Bar Under Prisons Act, 1894. Alleged Offences Committed Inside Notified Temporary Prison Must Be Dealt With Under Special Statute, Not General Criminal Law.

10 May 2024

The Bombay High Court allowed two applications under Section 482 of the Code of Criminal Procedure, 1973 filed by accused No. 1 (an ex-Chief Minister)...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

28 Jun 2023

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

Supreme Court

Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

High Court

Bombay High Court Allows Bail to Developer in Consumer Execution Proceedings for Non-Compliance of Refund Order. Held that Section 27 of Consumer Protection Act, 1986 is penal in nature and bail should be granted liberally unless there is likelihood of abscondence or tampering with evidence.

23 Dec 2021

The petitioner, Suhas Ratnakar Morey, a developer, was involved in a consumer dispute with the respondent, Dhanraj Tulshiram Khaparde, who had paid Rs...

High Court

Bombay High Court Holds Offences Under Section 132(1)(i) of CGST Act Are Bailable — Petitioner Entitled to Release on Bail. The court interpreted Section 132(5) of the CGST Act, 2017 to determine that offences punishable with imprisonment of five years or less are bailable, and arrest under Section 69 does not alter the bailable nature.

8 Feb 2021

The petitioner, Yogesh Jagdish Kanodia, was arrested on 30 December 2020 by the Assistant Commissioner of State Tax (Investigation-B), Mumbai, under S...

High Court

Bombay High Court Allows Petition Challenging Bail Cancellation in Criminal Breach of Trust Case — Sessions Court Erred in Cancelling Bail Solely on Ground of Non-Compliance with Section 41A CrPC. The court held that Section 41A CrPC does not mandate notice before arrest in all cases and that bail cancellation requires supervening circumstances, not mere procedural irregularity.

5 Feb 2019

The petitioner, Pankaj Jivdhar Katke, was an accused in Crime No. 405 of 2018 registered at MIDC Waluj Police Station for offences under Sections 408,...

High Court

Bombay High Court Quashes Cancellation of Bail in Criminal Breach of Trust Case — Non-Compliance with Section 41A CrPC Notice Not a Ground for Cancellation. Magistrate's Bail Order Restored as Sessions Court Erred in Cancelling Bail Without Supervening Circumstances Under Section 439(2) CrPC.

5 Feb 2019

The petitioner, Pankaj Jivdhar Katke, was an accused in Crime No. 405 of 2018 registered at MIDC Waluj Police Station for offences under Sections 408,...

High Court

Bombay High Court Awards Compensation for Custodial Death in Jail Lockup Shooting by Constable. State Held Vicariously Liable for Acts of Employee Under Article 21 of Constitution of India.

8 Jul 2013

The petitioner, Kewalbai, mother of Sandeep, filed a Criminal Writ Petition seeking compensation of Rs. 10,00,000/- for the custodial death of her son...

High Court

Bombay High Court Allows Bail Application in Anticipatory Bail Case — Regular Bail Granted by Sessions Court Upheld Despite Procedural Irregularity. The High Court set aside the Magistrate's order sending accused to police custody and directed regular bail to be decided on merits.

29 Mar 2005

The applicant, Balkrishna Dhondu Raul, filed a criminal application challenging the orders of the Sessions Court, Raigad at Alibag dated 8th February ...

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