Search Results for "such detention interpretation"

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Search Results for "such detention interpretation"

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High Court

Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

3 Dec 2025

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

High Court

Bombay High Court Awards Compensation for Illegal Arrest in Electricity Theft Case Despite Full Payment of Dues. Petitioner's Arrest Violated Article 21 as Police Failed to Verify Payment from Complainant Before Arrest Under Sections 135 and 150 of Indian Electricity Act, 1886.

1 Oct 2024

The petitioner, Alex Isaac, filed a criminal writ petition seeking a direction for legal action against persons responsible for his illegal arrest and...

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 Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

High Court

Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence.

28 Aug 2020

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 ...

Supreme Court

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.

13 Mar 2020

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 ...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

30 Jan 2020

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

High Court

Karnataka High Court Grants Bail to Accused in Murder Case Due to Lack of Prima Facie Evidence and Long Incarceration. Accused Not Named in FIR and No Direct Evidence of Involvement Under Section 302 IPC.

26 Jul 2019

The petitioners, accused Nos. 1 and 2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. ...

High Court

Bombay High Court Resolves Conflict on Applicability of Section 167(2)(a)(i) vs (ii) CrPC for Default Bail in Offences Punishable with Life Imprisonment. The court held that life imprisonment is a term of not less than ten years, thus the 90-day period under clause (ii) applies.

7 Jul 2006

The case arose from a reference made by a learned Single Judge of the Bombay High Court while hearing a bail application filed by two accused persons,...

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