Search Results for "section 439 crpc"

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Search Results for "section 439 crpc"

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High Court

Bombay High Court Sets Aside Discharge of Accused in Capitation Fee Case — Holds That Trial Court Exceeded Jurisdiction by Considering Defence Documents at Discharge Stage Under Section 239 CrPC. The court remanded the matter for fresh consideration of discharge application based solely on police report and documents under Section 173 CrPC.

18 Oct 2024

The petitioner, Abhimanyu Rasure, the original complainant, challenged the order of the Chief Judicial Magistrate, Latur, dated 06.05.2010 discharging...

High Court

Bombay High Court Restores Pre-Arrest Bail in Investment Fraud Case — Suppression of Facts Not Proven. Cancellation of anticipatory bail set aside as the applicant had not suppressed material facts and the cancellation was based on unsubstantiated allegations.

24 Jan 2024

The case involves an application by Rajesh Thomas Menzes challenging an order dated 11 May 2023 passed by the Additional Sessions Judge, Vasai, which ...

High Court

High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Application of Mind and Non-Supply of Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated as Grounds of Detention Were Not Communicated and Relevant Documents Were Not Supplied.

22 Apr 2016

The petitioner, Smt. Surekha Deepak Shintre, wife of the detenu Deepak Shivaji Shintre, filed a writ petition under Articles 226 and 227 of the Consti...

High Court

Bombay High Court Allows German National to Travel Abroad in NDPS Case — Offences Under Sections 20(b)(ii)(A) and 27 Are Bailable, Section 37(1)(b) Restrictions Not Applicable. The court held that for offences punishable with imprisonment up to six months under the NDPS Act, the accused is entitled to bail as a matter of right, and the passport must be returned for travel.

23 Jun 2010

The petitioner, Stefan Mueller, a German citizen, was arrested in connection with a rave party raid on March 4, 2007, where a plastic bag containing G...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Case Citing Delay in Trial and No Prima Facie Evidence of Terrorist Act. The court held that the bar under Section 43D(5) of UAPA is not absolute and can be relaxed when the right to speedy trial under Article 21 is violated, and the accused has been in custody for over two years without trial.

29 May 2023

The appellant, Imran Ahmed, was arrested in connection with Spl.C.C.No.141/2021 for offences under Sections 16, 18, 20 of the Unlawful Activities (Pre...

Supreme Court

Supreme Court Upholds Section 18A of SC/ST Act Against Challenge of Unconstitutionality — Amendment Restores Pre-Dr. Subhash Kashinath Position After Review

10 Feb 2020

The petitioners challenged the constitutional validity of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198...

Supreme Court

Supreme Court Cancels Bail Granted to Accused in Double Murder Case Due to Non-Application of Mind by High Court — Emphasizes Need for Detailed Reasoning in Bail Orders Under Section 439 CrPC

7 May 2024

The present appeals arise from four orders of the Allahabad High Court granting regular bail to Waseem, Nazim, Aslam, and Abubakar, accused in a doubl...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 — Search of Bag Without Independent Witnesses and No Compliance with Mandatory Notice Requirement. The court held that the mandatory requirement of Section 50 of the NDPS Act was not complied with, and the recovery was doubtful, leading to the grant of bail.

21 Nov 2025

The applicant, Arbaz Aslam Shaikh, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection wi...

Supreme Court

Supreme Court Grants Bail to Former Union Minister in PMLA Case — Economic Offence Bail Principles Reiterated. The court held that the twin conditions under Section 45 PMLA are not absolute and must be applied with reference to the facts, and that once investigation is substantially complete, custodial interrogation is not necessary.

15 Nov 2019

The Supreme Court allowed the appeal of P. Chidambaram against the Delhi High Court's order denying him regular bail in a money laundering case regist...

High Court

High Court of Karnataka Grants Bail to Accused in Fake Currency Case Under NIA Act — Appellant Entitled to Bail on Grounds of Parity and Lack of Direct Evidence of Conspiracy

3 Jul 2019

The appellant, Smt. J. Vanitha @ Thangam, was accused No.4 in Special Case No.785 of 2018 pending before the XLIX Additional City Civil and Sessions J...

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