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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detention order set aside as the detaining authority failed to consider the petitioner's bail status and relied on stale material.

The petitioner, Asif Shaikh, challenged an order dated 22nd June 2023 passed by the Commissioner of Police, Mumbai, detaining him under Section 3(2) o...

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Supreme Court Upholds Conviction of Police Inspector for Custodial Death but Modifies Offence from Murder to Culpable Homicide. Death of an accused in police custody due to multiple injuries inflicted by police officers resulted in conviction under Section 304 Part I IPC instead of Section 302 IPC.

The case pertains to the custodial death of Jeeva, who surrendered at Amraiwadi Police Station on 10th June 1992. The appellant, Vinod Jaswantray Vyas...

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Bombay High Court Grants Bail to Accused in Bhima Koregaon UAPA Case on Medical Grounds — Age and Health Conditions of 83-Year-Old Petitioner Considered. Court held that prolonged incarceration violates Article 21 right to life and health, granting bail under Section 439 CrPC and Section 43D(5) UAPA.

The petitioner, Dr. P. Varavara Rao, an 83-year-old poet and activist, was arrested in connection with the Bhima Koregaon case and charged under the U...

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Bombay High Court Allows Habeas Corpus Petition for Illegal Detention Without Production on Remand Date. Failure to Produce Accused Physically or Virtually on 22 March 2022 Renders Remand Order Invalid and Detention Illegal.

The petitioner, Sushil Lohiya, filed a habeas corpus petition on behalf of his son Brijesh Lohiya, who was an accused in an offence registered under S...

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Bombay High Court Holds Aurangabad Bench Has Jurisdiction Over Parole Rejection Order Passed at Nashik Central Prison — Reference Answered in Favor of Respondent Prisoner. Territorial Jurisdiction Determined by Place of Confinement and Communication of Order, Not Solely by Location of Prison Authority.

The case arose from a reference made by a division bench of the Bombay High Court at Aurangabad regarding its territorial jurisdiction to entertain a ...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...