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Bombay High Court Grants Bail to Under-Trial Accused in Murder Case Due to 9-Year Incarceration and HIV Condition. Long Incarceration Violates Right to Speedy Trial Under Article 21; Bail Granted Under Section 439 Cr.P.C.

The applicant, Ganesh Madhukar Mendarkar, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wi...

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Bombay High Court Grants Bail to Accused in Extortion Case Due to Long Incarceration and Snail-Paced Trial. Delay in FIR and Lack of Evidence Weaken Prosecution Case Under Sections 364-A, 384, 385, 386, 387 IPC and Sections 3, 25 Arms Act.

The applicant, Mohammad Khalid Mukhtar Ahmed Shaikh, was accused No.1 in C.R. No.312 of 2020 registered with Bhiwandi City Police Station for offences...

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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Bombay High Court Directs Investigation into Alleged Custodial Torture and Denial of Medical Diet to Undertrial Prisoners. The court considered the State's duty to protect prisoners' rights under Article 21 and ordered a thorough investigation into allegations of torture and denial of prescribed diet.

The petitioner, Atul S/o Rajaram Shelke, filed a criminal writ petition under Articles 14, 21, and 226 of the Constitution of India seeking a writ of ...

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Bombay High Court Dismisses State's Petition Challenging Sessions Judge's Order Permitting Home Food to Undertrial Prisoner on Medical Grounds. Power of Magistrate to Grant Home Food is Implicit in Detention Powers Under Prisons Act, 1984, and Medical Condition of Prisoner Justifies Such Permission.

The State of Maharashtra, through the Superintendent of Jail, Latur, filed a criminal writ petition under Article 227 of the Constitution of India cha...

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Bombay High Court Dismisses Journalist's Compensation Claim for Handcuffing During Police Transit. No Violation of Articles 14 and 21 Found as Handcuffing Was Justified by Threat of Escape and No Malice Established.

The petitioner, Satish Banwarilal Sharma, a journalist and managing editor of a daily newspaper, filed a criminal writ petition under Article 226 of t...

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Bombay High Court Acquits Accused in MCOCA Case Due to Lack of Sanction Under Section 23(2) of MCOCA — Conviction for Attempt to Murder Set Aside as Cognizance Without Valid Sanction is Void Ab Initio.

The case involves three appeals filed by accused persons (original accused Nos. 3, 4, and 5) against their conviction under the Maharashtra Control of...

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Bombay High Court Allows State's Petition, Upholds Reduction in Pension of Retired Jailor for Misconduct. Disciplinary Proceedings Validly Continued After Superannuation Under Rule 27(2) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The State of Maharashtra filed a writ petition challenging the order of the Maharashtra Administrative Tribunal which had set aside the punishment of ...