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Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

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Supreme Court Grants Bail to PFI Accused in UAPA Case Due to Lack of Prima Facie Evidence and Parity with Co-Accused. Appellant's Custody Since July 2022 Without Charge Framing Violates Article 21.

The appellant, Athar Parwez, was arrested on 12.07.2022 in connection with FIR No. 827/2022 registered at Police Station Phulwari Sharif, Patna, under...

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Bombay High Court Allows Bail Appeal in 2012 Pune Bomb Blasts Case Due to Inordinate Delay in Trial. Right to Speedy Trial Under Article 21 of the Constitution Overrides Statutory Restrictions Under Section 43-D(5) of UAPA.

The appellant, Munib Iqbal Memon, was arrested on 26 December 2012 in connection with five bomb blasts that occurred in Pune on 1 August 2012. The bla...

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High Court of Karnataka Dismisses Petition Seeking Discharge Under Section 300 Cr.P.C. in NIA Case — Principle of Autrefois Acquit Not Attracted as Previous Acquittal Was for Different Offences and Different Conspiracy

The petitioner, Dr. Sabeel Ahmed @ Motu Doctor, was accused No.21 in Special Case No.378/2021 pending before the Special Court for NIA cases, Bengalur...

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High Court of Karnataka Dismisses State's Appeal for Sentence Enhancement in NIA Case. Sentence of 8 Years Imprisonment for Offences Under Section 18 of Unlawful Activities (Prevention) Act, 1967 Read With IPC Sections 120B, 121, 121A, 123 Held Adequate.

The State of Karnataka, through Cubbon Park Police, filed five criminal appeals under Section 377 of the Code of Criminal Procedure, 1973 and Section ...

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Supreme Court Acquits Accused in TADA Case Due to Involuntary Confession and Lack of Corroboration. Confession recorded under Section 15 of TADA Act found not voluntary as guidelines in Kartar Singh were not followed, and confession of co-accused not admissible without joint trial.

The appellant, Raja @ Ayyappan, was convicted by the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for ...

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Bombay High Court Grants Bail to Police Sub-Inspector in Sohrabuddin Shaikh Fake Encounter Case — Applicant Not Named in FIR and No Overt Act Alleged. The court held that mere presence at the scene of conspiracy without any overt act does not constitute criminal conspiracy under Section 120B IPC.

The applicant, Shyam Singh Charan, a police sub-inspector from Rajasthan, was accused no. 9 in a case registered by the CBI for the alleged abduction ...

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Bombay High Court Allows Anticipatory Bail in Unlawful Activities Case Due to Lack of Prima Facie Evidence of Terrorist Act. Applicants Granted Pre-Arrest Bail Under Section 438 CrPC as Allegations of Waging War Against Government and Unlawful Activities Not Substantiated.

The judgment pertains to multiple criminal applications filed under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory ba...