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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 Allows Appeal and Directs Concurrent Sentences in Electricity Theft Cases to Prevent Miscarriage of Justice — Section 427 CrPC Discretion Must Be Exercised to Avoid 18-Year Incarceration for Nine Convictions on Same Day.

The appellant, Iqram, was charged with theft of electricity equipment belonging to the Uttar Pradesh Electricity Department in nine separate first inf...

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Bombay High Court Dismisses Writ Petition of Police Constable Dismissed for Facilitating Escape of Undertrial. Acquittal in Criminal Trial Does Not Automatically Invalidate Disciplinary Proceedings as Standard of Proof Differs.

The petitioner, Gajanan Mahadeo Satpute, a police constable, was charge-sheeted on April 7, 2010, for facilitating the escape of an undertrial prisone...

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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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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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Supreme Court Allows State Appeal in Prison Transfer Case — Intra-State Transfer of Convict Upheld on Security Grounds. Transfer Order Based on Apprehension of Gang War and Insufficient Staff Held Valid Under Section 29 of Prisoners Act, 1900 and Rule 770(b) of State Jail Manual.

The State of Jharkhand and others appealed against the High Court of Jharkhand's order quashing the transfer of respondent Vikash Tiwary, a life convi...

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Bombay High Court Allows Bail Appeal in NIA Case on Ground of Parity and Delay in Trial. Appellant, in custody since 2018, granted bail as co-accused similarly situated were released and trial had not commenced, upholding right to speedy trial under Article 21.

The appellant, Mohammad Raisuddin, was arrested in connection with NIA Special Case No. 3/2018 for alleged offences under the Unlawful Activities (Pre...

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Supreme Court Sets Aside Interim Bail Granted on Medical Grounds to Former Minister Accused of POCSO Offences. State Obligation to Provide Medical Care to Undertrial Prisoners Upheld.

The Supreme Court of India heard an appeal by the State of Uttar Pradesh against an order of the Allahabad High Court granting interim bail on medical...

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Bombay High Court Grants Bail to Petitioner in MPID Act Case Due to Long Incarceration Exceeding Maximum Sentence. Petitioner incarcerated for over 7.5 years as undertrial for offences under MPID Act and IPC; court holds further detention violates Article 21.

The Bombay High Court granted bail to a petitioner who had been incarcerated for over seven and a half years as an undertrial in a case under the Maha...