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Search Results for "bail order"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Compelling Reasons and Non-Application of Mind. Preventive Detention Cannot Be Based on Single Isolated Incident Without Satisfying 'Disturbed Area' Condition Under Section 2(a-1) of MPDA Act.

25 Jul 2023

The petitioner, Siddant alias Siddharth Sanjay Marathe, challenged a detention order dated 7 February 2023 passed by the Commissioner of Police, Pune ...

High Court

Bombay High Court Quashes Anticipatory Bail Granted Without Notice to State in Abetment of Suicide Case. Ex-parte Interim Bail Under Section 438 CrPC Set Aside for Violation of Natural Justice.

27 Mar 2012

The applicant, Ashok Jairam Bhojane, the original first informant, filed a criminal application before the Bombay High Court, Nagpur Bench, challengin...

High Court

Karnataka High Court Grants Bail to Accused in POCSO Case Due to Age Discrepancy and Consensual Relationship. The court held that at the bail stage, a prima facie case is to be seen, and since the victim supported the accused and age was disputed, bail was granted under Section 439 CrPC.

1 Sep 2020

The petitioner, Arvind Kumar K.S., accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking ba...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Material to Show Disturbance of Public Order. The court held that preventive detention requires a threat to public order, not mere law and order issues, and that unexplained delay vitiates the order.

29 Jun 2021

The petitioner, Ganesh alias Gajaraj Sainath Patil, challenged a detention order dated 19 January 2021 passed by the Collector and District Magistrate...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 — Search Conducted Without Informing Right to be Searched Before a Magistrate or Gazetted Officer. Non-compliance with Section 50 of the NDPS Act renders the search illegal, and the accused is entitled to bail under Section 37 as there is no prima facie case.

4 May 2023

The appellant, Atulbhai Vithalbhai Bhanderi, was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of...

High Court

Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Non-Application of Mind and Violation of Right to Representation. Detenu's Right to Make Representation Under Article 22(5) of Constitution Infringed Due to Non-Supply of Grounds in Understandable Language and Unexplained Delay.

25 Jun 2019

The Bombay High Court allowed two criminal writ petitions challenging preventive detention orders passed under the Conservation of Foreign Exchange an...

Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Inadequate Reasoning. High Court's grant of bail under Section 302 IPC set aside for lack of cogent reasons and failure to consider material factors like accused's conduct and threats to witnesses.

10 Mar 2022

The dispute arose from a bail application in a murder case under Section 302 of the Indian Penal Code, 1860. The complainant, brother of the deceased,...

High Court

High Court of Karnataka Quashes Non-Bailable Warrant in Criminal Case Due to Non-Compliance with Section 73 Cr.P.C. — Petitioner's Absence Not Deliberate as Warrant Issued Without Prior Notice or Bailable Warrant. The court held that a non-bailable warrant cannot be issued without first issuing a bailable warrant or summons unless there is deliberate avoidance, and the Sessions Court failed to record reasons as required under Section 73 Cr.P.C.

9 Jul 2024

The petitioner, Vaibhavaraj Utsav, filed a criminal petition under Section 482 Cr.P.C. before the High Court of Karnataka challenging an order dated 1...

High Court

Bombay High Court Quashes Restriction Order Against Foreign National in Fatal Accident Case — Para 11(2) of Foreigners Orders, 1948 Cannot Be Used to Impose Bail-Like Conditions After Grant of Bail. The restriction order requiring the petitioner to remain within Greater Mumbai during trial was set aside as it amounted to an additional condition not warranted under the Foreigners Orders.

14 Sep 2012

The petitioner, Nooria Y. Haveliwala, a foreign national, was involved in a motor accident on 22nd February 2010 that resulted in the death of PSI Shi...

Supreme Court

Supreme Court Affirms Pre-Arrest Bail in Dowry Case While Deleting Payment Condition - Criminal Proceedings Should Not Be Used for Money Recovery. The Court Held That Bail Considerations Must Be Based on Material on Record and Governing Parameters, Not on Payment or Offer of Payment, Under Sections 406 and 420 IPC and Sections 3 and 4 of Dowry Prohibition Act.

16 Jan 2023

The Supreme Court considered special leave petitions filed by the informant challenging the High Court's order granting pre-arrest bail to the accused...

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