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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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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Bombay High Court Allows Petition of Life Convict for Transfer to Open Prison Despite TADA Conviction — Rule 4(ii)(n) of Maharashtra Open Prisons Rules, 1971 Does Not Create Absolute Bar. Court Directs Reconsideration of Representation Within Four Weeks, Citing Good Conduct and Parity.

The petitioner, Sardar S/ Shah Wali Khan, a life convict under the Terrorist and Disruptive Activities (Prevention) Act (TADA) sentenced on 6 June 200...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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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 Quashes Remand Orders by POTA Special Judge for Lack of Jurisdiction Under Section 167 CrPC. Special Judge Appointed Under Section 23(4) of POTA Cannot Exercise Magisterial Powers of Remand.

The petitioner, Saquib Abdul Hamid Nachan, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India before the Bombay Hi...