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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

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Bombay High Court Acquits Accused in Corruption Case Due to Inconsistent Evidence and Failure to Prove Demand. Conviction under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand of bribe beyond reasonable doubt.

The appellant, Sewakdas Tukaram Jumde, was convicted by the trial court for offences under Section 7 and Section 13(1)(d) read with Section 13(2) of t...

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Bombay High Court Quashes Remand Orders by POTA Special Judge for Lack of Jurisdiction Under Section 167 CrPC. Special Judge Appointed Under Section 23(4) of POTA Cannot Exercise Magisterial Powers of Remand.

The petitioner, Saquib Abdul Hamid Nachan, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India before the Bombay Hi...

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Bombay High Court Acquits Accused in 1992 Riots Case Due to Unreliable Identification and Delayed FIR. Conviction under Section 326 IPC for causing grievous hurt with dangerous weapon set aside as identification parade was not conducted and FIR was lodged 10 days after incident.

The appellant, Abdul Gani Kamruddin Mulla, was convicted by the Sessions Court for offences under Sections 326 and 452 of the Indian Penal Code, 1860,...

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Bombay High Court Allows Discharge of Accused in Abetment of Suicide Case Due to Insufficient Evidence of Instigation. Vague Allegations in Suicide Note Without Proximate Link to Suicide Do Not Attract Section 306 IPC.

The judgment concerns two connected matters: a Criminal Writ Petition (No. 855 of 2013) and a Criminal Revision Application (No. 164 of 2013), both ar...

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Bombay High Court Confirms Death Sentence for Accused in Rape and Murder of Two-Year-Old Child. The court upheld the conviction under Section 302 IPC, Section 376A IPC, and Section 6 of POCSO Act, finding the crime to be in the 'rarest of rare' category.

The case involves the confirmation of a death sentence and an appeal against conviction for the rape and murder of a two-year-old child. The incident ...

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Bombay High Court Allows State's Petition, Holds Accused Cannot Cross-Examine Approver at Pre-Committal Stage Under Section 306(4) CrPC. The right to cross-examine the approver arises only after committal to the Court of Sessions, as the examination under Section 306(4) is for committal purposes only.

The State of Maharashtra filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which allowed the respondents (...

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Bombay High Court Allows Default Bail Under Section 167(2) CrPC for Failure to Pass Specific Remand Extension Order. Mandatory Production of Accused and Specific Order Required for Valid Extension of Police Custody Remand.

The petitioner, Parshuram s/o Bajirao Dongre, was arrested on 23.7.2017 in connection with Crime No. 85/2017 registered at Aheri Police Station, Gadch...

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Bombay High Court Grants Bail to Complainant-Turned-Accused for Non-Supply of Documents Under Section 207 CrPC. Failure to provide previous charge sheet and Section 161 statements to the accused vitiates arrest and entitles bail.

The petitioner, Yogesh Shantinath Ghaste, was the original complainant in FIR No. 318/2022 registered at Miraj Rural Police Station. During investigat...

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High Court of Karnataka Upholds Acquittal of Accused in Murder Case Due to Lack of Common Intention. Conviction of Accused No.1 under Section 304-II IPC for Causing Death by Negligent Act Sustained.

The State of Karnataka appealed against the judgment and order dated 20.01.2009 passed by the Principal Sessions Court, Bangalore Rural, Bangalore, in...