Search Results for "prolonged police custody"

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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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Gujarat High Court Grants Bail to Accused in Rape Case Due to Trial Delay and Complainant's Conduct. The court held that prolonged pre-trial detention without progress in trial violates the right to speedy trial under Section 483 BNSS.

The applicant, Madhukant @ Madhu Rameshbhai Thadani, filed a successive regular bail application under Section 483 of the Bharatiya Nagarik Suraksha S...

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Bombay High Court Allows Default Bail to Accused in MCOCA Case Due to Failure to File Charge Sheet Within 90 Days. Section 167(2) CrPC Entitles Accused to Indefeasible Right to Bail if Investigation Not Completed Within Statutory Period.

The appellants, nine individuals, were arrested in connection with Crime No. 179 of 2018 registered at Anandnagar Police Station, Osmanabad, for vario...

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Supreme Court Grants Bail to Accused in MCOCA Case Due to Prolonged Incarceration Without Trial. Right to Speedy Trial Under Article 21 Violated as Charges Not Framed Even After Five Years of Custody.

The Supreme Court allowed the appeal of Siddhant @ Sidharth Balu Taktode against the State of Maharashtra and another, challenging the rejection of hi...

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Bombay High Court Grants Bail to Police Officers Accused Under MCOCA in Fake Stamp Racket Case. Court Holds Prolonged Custody and Weak Evidence Justify Bail Despite Stringent Provisions of MCOCA, Considering Applicants' Status as Public Servants and Lack of Immediate Threat of Tampering.

The case involved two police officers, Dattatray Krishnaji Ghule and Hitendra Manohar Vichare, who were arrested in connection with C.R. No. 131 of 20...

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Bombay High Court Grants Bail to Accused in Bhima Koregaon-Elgar Parishad Case Under UAP Act. Prolonged Incarceration Without Trial Violates Article 21 and Entitles Accused to Bail Despite Section 43D(5) Bar.

The appellant, Hany Babu, a professor and academic, was arrested on 28 July 2020 in connection with FIR No. 1 of 2020 registered by the National Inves...

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Supreme Court Grants Bail to Former Minister in PMLA Case Due to Prolonged Incarceration and Delay in Trial. Right to Speedy Trial Under Article 21 Prevails Over Twin Conditions Under Section 45 PMLA Where Trial of Scheduled Offences is Unlikely to Conclude in Near Future.

The appellant, V. Senthil Balaji, a former Transport Minister of Tamil Nadu, was arrested on 14 June 2023 by the Enforcement Directorate (ED) in conne...

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High Court Dismisses/Allows Bail to Accused in Murder Case Involving Conspiracy and Long Detention Without Trial. Scope of Section 439 CrPC and Article 21 right to speedy trial evaluated in context of parity with co-accused and threat perception.

The criminal petition was filed by accused Nos. 3 and 4 under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crim...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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Bombay High Court Allows Appeal in MCOC Case Due to Invalid Extension Orders — Default Bail Granted. Extension of investigation period under Section 21(2)(b) of MCOC Act set aside for lack of Public Prosecutor's independent report and mechanical grant.

The appellant, Darshan Subhash Nandagawali, was an accused in Crime No.357/2022 registered at Police Station Civil Lines, Akola, for offences under Se...