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Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

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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.

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...

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Supreme Court Hears Appeal Against High Court's Dismissal of Writ Petition Challenging Departmental Action in Jail Break Case. Case Involves Escape of Four Under-Trials from Burail Jail Through a 94-Foot Tunnel, Leading to FIR and Enquiry Committee Report.

The case concerns the escape of four under-trial prisoners from Model Jail, Burail, Chandigarh, on the night of 21-22 January 2004. The prisoners esca...

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Bombay High Court Grants Bail to Accused in Murder Case Due to Long Incarceration and Speedy Trial Violation. Right to Personal Liberty Under Article 21 Prevails Over Gravity of Offence in Circumstantial Evidence Case Based on Last Seen Theory.

The applicant, Santosh Pralhad Waghmare, was arrested on 26 March 2017 in connection with C.R. No.76 of 2017 registered at Hill Line Police Station fo...

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Bombay High Court Grants Bail to Approver in MCOCA Case Due to Long Incarceration and No Likelihood of Trial Conclusion. Right to Speedy Trial Under Article 21 Prevails Over Stringent Provisions of MCOCA.

The applicant, Danish Ali Jamaluddin Ahmed, was arrested on 1 December 2018 in connection with FIR No. 326 of 2018 (later renumbered as FIR No. 36 of ...

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Bombay High Court Allows Bail Appeal in 2012 Pune Bomb Blasts Case Due to Inordinate Delay in Trial. Right to Speedy Trial Under Article 21 of the Constitution Overrides Statutory Restrictions Under Section 43-D(5) of UAPA.

The appellant, Munib Iqbal Memon, was arrested on 26 December 2012 in connection with five bomb blasts that occurred in Pune on 1 August 2012. The bla...

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Supreme Court Grants Bail to Former Promoter in PMLA Case Citing Long Incarceration and Delayed Trial. The court held that the twin conditions under Section 45 PMLA were not satisfied and that continued detention violated Article 21.

The Supreme Court allowed the appeal of Arvind Dham, a former promoter and non-executive chairman of Amtek Auto Ltd., against the Delhi High Court's o...

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Karnataka High Court Hears Second Bail Application Under PMLA Citing Long Incarceration and Speedy Trial Rights. The Court Examines Whether Constitutional Right to Speedy Trial Can Override Section 45 PMLA Bail Restrictions When Trial Is Delayed and Accused Has Been in Custody for Prolonged Period.

The petitioner, accused No.1 in an Enforcement Case Information Report (ECIR) registered by the Enforcement Directorate (ED) for offences under Sectio...