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Search Results for "bail grant"

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High Court

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.

14 Feb 2025

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

Supreme Court

Supreme Court Modifies Bail Conditions for Foreign Accused in NDPS Case: Embassy Certificate Condition Unworkable, GPS Tracking Violates Article 21. The court held that alternative conditions such as impounding passport and periodic reporting are sufficient to secure the accused's presence.

8 Jul 2024

The appellant, a Nigerian national, was arrested on 21st May 2014 for offences under Sections 8, 22, 23, and 29 of the Narcotic Drugs and Psychotropic...

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 Default Bail to Accused in MCOCA Case Due to Refusal of Sanction and Filing of Charge-Sheet After Expiry of Investigation Period. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and not defeated by subsequent filing of charge-sheet if the accused has already availed the right.

26 Mar 2024

The applicants, Dinesh Ganesh Indre and others, were arrested in connection with CR No. 497 of 2023 registered at Malad Police Station for offences un...

Supreme Court

Supreme Court Dismisses Petition in Contempt Case Due to Suppression of Material Facts. Litigant Found Guilty of Attempting to Pollute Stream of Justice by Concealing Facts and Filing Fabricated Documents, Not Entitled to Relief Under Tainted Hands Doctrine.

19 Jan 2024

The Supreme Court addressed a case involving a litigant's attempt to pollute the administration of justice through suppression of material facts. The ...

High Court

Bombay High Court Holds Anticipatory Bail Application Maintainable Despite Applicant's Custody in Another Crime. Section 438 CrPC Does Not Bar a Person Already Arrested in a Different Case from Seeking Pre-Arrest Bail.

31 Oct 2023

The applicant, Amar S. Mulchandani, filed an anticipatory bail application under Section 438 CrPC in connection with C.R.No.806 of 2019 registered at ...

High Court

Bombay High Court Dismisses NIA Appeal Against Bail Granted to Accused in UAPA Case — Bail Upheld on Grounds of No Prima Facie Case of Terrorist Act. Court held that mere association with ISIS without evidence of conspiracy to commit terrorist acts does not attract Section 16 of UAPA, and Section 43D(5) bar on bail is not triggered.

23 Feb 2021

The National Investigation Agency (NIA) appealed against an order dated 17/03/2020 passed by the Additional Sessions Judge and Special Judge under the...

Supreme Court

Supreme Court Sets Aside Bail Granted by High Court in Murder Case Due to Non-Application of Mind. The High Court failed to consider prima facie evidence of 27 injuries and eye-witness statement under Section 439 CrPC, rendering the bail order illegal.

9 Aug 2019

The case arises from a judgment of the Rajasthan High Court granting bail to the first respondent, Rajesh Kumar @ Polia, and four other accused person...

High Court

Bombay High Court Grants Bail to Former DIG of Gujarat ATS in Sohrabuddin Fake Encounter Case — Long Incarceration and Lack of Prima Facie Evidence. The court held that prolonged custody without trial and absence of direct evidence linking the applicant to the conspiracy warranted bail under Section 439 CrPC.

11 Sep 2014

The applicant, Dahyaji Gobarji Vanzara, was the Deputy Inspector General of Police, Anti-Terrorism Squad, Gujarat, at the material time. He was accuse...

High Court

Bombay High Court Quashes FIR Against NMMC Officers in SC/ST Act Case — No Prima Facie Case as Alleged Insult Occurred in Private Meeting, Not in Public View. Requirement of 'Public View' Under Section 3(1)(x) of SC/ST Act Not Satisfied When Incident Takes Place in Closed Chamber Without Public Presence.

22 Jul 2010

The petitioners, five senior officers of the Navi Mumbai Municipal Corporation (NMMC), filed a writ petition under Article 226 of the Constitution rea...

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