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Bombay High Court Quashes COFEPOSA Detention Order at Pre-Execution Stage Due to Non-Application of Mind and Mechanical Exercise of Power. Detaining Authority Failed to Consider Relevant Material and Grounds of Detention Were Vague and Stale.

The petitioner, Karnaram Lumbaji Choudhary, challenged a detention order dated 8th March 2018 passed by the Joint Secretary, Government of India, unde...

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High Court of Bombay Allows Application to Relax Bail Conditions After Death of Accused in Bank Fraud Case. Conditions Imposed to Secure Bail of Chairman of Cooperative Bank Held Inoperative Upon Death, and Legal Representatives Not Liable.

The case involved an application by the legal representatives of deceased Narayan Motilal Kabre seeking relaxation of conditions imposed by the High C...

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Bombay High Court Grants Bail to Accused in Murder Case Due to Delay in Trial. Right to Speedy Trial Under Article 21 Violated as Charges Not Framed Even After Two Years and Four Months of Arrest.

The applicant, Swapnil s/o Chandrakant Kashikar, filed a criminal application before the Bombay High Court, Nagpur Bench, seeking bail in connection w...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's bail status and passed the order mechanically, violating the requirement of subjective satisfaction.

The petitioner, Shri Madhukar Mahadeo Manve, challenged the detention order dated 19th August 2004 passed under the Maharashtra Prevention of Dangerou...

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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 Quashes Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Confirmation. Detenu's Preventive Detention Set Aside as Authorities Failed to Consider Relevant Material and Confirmatory Order Was Passed Without Independent Application of Mind.

The petitioner, Ashokrao Uttamrao Pawar, father of the detenu Umesh @ Bunty s/o Ashok Pawar, filed a Criminal Writ Petition challenging the detention ...