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Search Results for "bail jurisdiction"

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High Court

Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

23 Dec 2015

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

Supreme Court

Supreme Court Quashes Bail Cancellation Orders Due to Judicial Impropriety and Misapplication of Legal Principles. The High Court's coordinate bench erroneously cancelled bail by re-examining case merits without new adverse facts or misconduct, violating Section 439(2) of the Code of Criminal Procedure, 1973 and principles of judicial discipline.

20 Feb 2024

The Supreme Court addressed appeals against orders from the High Court of Madhya Pradesh cancelling bail granted to the appellants. The appellants had...

Supreme Court

Supreme Court Allows Default Bail to Accused in Corruption Case Due to Expiry of 60-Day Detention Without Charge Sheet. Interpretation of 'Imprisonment for a Term Not Less Than Ten Years' Under Section 167(2) of the Code of Criminal Procedure, 1973, Clarified; Bail Right Accrues on Expiry of Maximum Detention Period, Not Defeated by Later Filing of Charge Sheet.

1 Aug 2026

The Supreme Court addressed the right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973, in a case arising from a corruptio...

High Court

Bombay High Court Allows Application Under Section 482 CrPC Challenging Cancellation of Bail in MCOCA Case — Cancellation of Bail Set Aside as Prosecution Failed to Show Misuse of Liberty or Violation of Conditions. The court held that cancellation of bail requires strong grounds and mere filing of an application is not sufficient, even under the stringent provisions of MCOCA.

12 Sep 2017

The applicant, Vijendra Molchand Kuril, was arrested in Crime No.83 of 2015 registered at Akot File Police Station, Akola for offences punishable unde...

High Court

Bombay High Court Quashes Cancellation of Bail in Criminal Breach of Trust Case — Non-Compliance with Section 41A CrPC Notice Not a Ground for Cancellation. Magistrate's Bail Order Restored as Sessions Court Erred in Cancelling Bail Without Supervening Circumstances Under Section 439(2) CrPC.

5 Feb 2019

The petitioner, Pankaj Jivdhar Katke, was an accused in Crime No. 405 of 2018 registered at MIDC Waluj Police Station for offences under Sections 408,...

Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Non-Application of Mind by High Court. Bail granted without considering seriousness of crime, role of accused, and other relevant factors under Code of Criminal Procedure, 1973, violating principles of reasoned judicial orders.

30 Sep 2022

The dispute arose from a criminal appeal challenging the High Court's bail order in a murder case. The appellant, who lost two sons in the incident, f...

High Court

Bombay High Court Allows Bail Under Section 437(6) CrPC for Trial Delay Beyond 60 Days — Accused Entitled to Default Bail Despite Seriousness of Offence. The court held that Section 437(6) CrPC is mandatory and confers a right to bail if trial is not concluded within 60 days from first date of evidence, and the accused is not responsible for the delay.

19 Jul 2022

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered for offences under Sections 420, 465, 467, 468, 471 read ...

High Court

Bombay High Court Grants Bail to Accused in MCOC Act Case Due to Lack of Prima Facie Evidence of Organised Crime and Prolonged Incarceration. The court held that the prosecution failed to establish a prima facie case under Sections 3(1)(ii), 3(2), and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, and that the applicant's continued detention would violate his right to speedy trial.

18 Apr 2024

The applicant, Sunil Ashok Kondugale, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) before the Bom...

Supreme Court

Supreme Court Sets Aside High Court Bail Orders in Murder Case Due to Lack of Reasoning and Failure to Consider Gravity of Offence. The Court held that bail orders must contain prima facie reasons and consider societal concerns, especially in serious offences under Sections 302, 201, and 34 IPC, and remanded the matter for fresh bail consideration.

11 Mar 2022

The appeals were filed by the wife of the deceased challenging bail orders granted by the High Court of Rajasthan to two accused persons in a murder c...

High Court

Bombay High Court Resolves Conflict on Applicability of Section 167(2)(a)(i) vs (ii) CrPC for Default Bail in Offences Punishable with Life Imprisonment. The court held that life imprisonment is a term of not less than ten years, thus the 90-day period under clause (ii) applies.

7 Jul 2006

The case arose from a reference made by a learned Single Judge of the Bombay High Court while hearing a bail application filed by two accused persons,...

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