Search Results for "prolonged police custody"

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Search Results for "prolonged police custody"

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High Court

Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence.

28 Aug 2020

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 ...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

High Court

High Court of Bombay at Goa Grants Bail to Convict in NDPS Case Pending Appeal — Suspension of Sentence Allowed on Ground of Long Incarceration and Low Likelihood of Early Hearing. The court found reasonable grounds to believe the applicant was not guilty under Section 21(c) of the NDPS Act, 1985, and that the appeal was likely to succeed, considering the applicant had undergone more than half of the sentence and was a first-time offender.

30 Apr 2026

The applicant, Ifechukwu David Madukwe, a Nigerian national, was convicted by the Additional Sessions Judge, Mapusa, in NDPS/30/2020 for an offence pu...

High Court

Bombay High Court Grants Bail to Accused in MCOC Act Case Due to Lack of Prima Facie Evidence of Organised Crime and Prolonged Incarceration. The court held that the prosecution failed to establish a prima facie case under Sections 3(1)(ii), 3(2), and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, and that the applicant's continued detention would violate his right to speedy trial.

18 Apr 2024

The applicant, Sunil Ashok Kondugale, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) before the Bom...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Involving Commercial Quantity of Methamphetamine. Court holds that prolonged incarceration and delay in trial, coupled with the accused's lack of criminal antecedents and parity with co-accused, warrants release on bail under Section 37 of the NDPS Act.

25 Sep 2025

The applicant, Syed Sameer Hussain, filed a bail application under the NDPS Act in connection with a complaint registered by the Directorate of Revenu...

High Court

High Court Allows Petition to Register FIR Against Police Officer for Illegal Arrest and Assault in Land Dispute. Arrest for Offences Under Sections 447, 379 IPC Without Compliance of Section 41A CrPC Held Violative of Personal Liberty, Compensation Directed.

19 Jan 2023

The case arose from a land dispute between neighbors that escalated into allegations of police brutality. The petitioner, a 23-year-old advocate, owne...

High Court

Bombay High Court Grants Bail to MCOCA Accused in Ahmedabad Bomb Blasts Case Due to Parity with Co-Accused and Long Incarceration Without Trial. Parity with co-accused who were granted bail and prolonged detention without trial justified bail under MCOCA.

23 Jul 2014

The applicant, Yasir Sayyed Anis Sayyed @ Hujefa, was accused no.13 in MCOC Special Case No.4 of 2009 pending before the Special Court under the MCOC ...

High Court

Bombay High Court Grants Bail to Accused in PMLA Case on Ground of Long Incarceration and Medical Condition. The court held that the applicant, who had completed half of the maximum punishment of 7 years and was suffering from stage 4 colon cancer, was entitled to bail under Section 439 CrPC read with Section 45 PMLA.

19 Sep 2024

The applicant, Suryaji Pandurang Jadhav, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973 read with Section ...

High Court

Bombay High Court Grants Bail to Accused in 2012 Pune Bomb Blast Case Due to Long Pre-Trial Detention of Over 9 Years and Weak Evidence of Involvement. Prolonged detention without trial violates right to speedy trial under Article 21; bail granted under Section 21(4) of NIA Act.

27 Sep 2022

The appellant, Munib Memon, was arrested in connection with the 2012 Pune bomb blast case (German Bakery blast) and had been in judicial custody for a...

High Court

Bombay High Court Allows Bail Under Section 437(6) CrPC for Trial Delay Beyond 60 Days — Accused Entitled to Default Bail Despite Seriousness of Offence. The court held that Section 437(6) CrPC is mandatory and once the statutory period expires without trial conclusion and accused not at fault, bail must be granted.

19 Jul 2022

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered at Gadchiroli Police Station for offences under Sections ...

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