Search Results for "Prolonged incarceration"

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Bail Denied – Bombay High Court Refuses Bail to Accused in Gang Rape Case Citing Seriousness of Offence and Prima Facie Evidence. High Court Held – Accused Cannot Claim Bail Solely on Grounds of Delayed Trial When Charges are Framed and Prosecution is Proceeding Expeditiously

Seriousness of Offence – The Court held that gang rape under Section 376(D) IPC was punishable with rigorous imprisonment not less than 20 years, ex...

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Bail Granted Considering Reformative Approach in Light of Applicant’s Young Age Despite Serious Allegations

High Court of Judicature at Bombay emphasized the reformative theory of punishment while granting bail to the accused involved in serious offences und...

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Arvind Kejriwal Challenges Legality of Arrest Under PML Act: Delhi High Court Appeal. Examining Judicial Safeguards and Proportionality in Arrest Procedures

This appeal, filed by Arvind Kejriwal, challenges the legality of his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Preventio...

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Supreme Court Grants Bail to Social Activist in FIR Based on Observations in Zakia Jafri Judgment. Court holds that observations in a judgment cannot be the sole basis for arrest and that prolonged incarceration pending trial violates Article 21.

The Supreme Court granted bail to Teesta Atul Setalvad, who was arrested on 25 June 2022, the day after the Supreme Court delivered its judgment in Za...

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Supreme Court Allows State's Appeal Against High Court Order Summoning Additional Evidence in Asaram Bapu Conviction Case. Section 391 CrPC Cannot Be Used to Fill Gaps in Prosecution Case or to Introduce Evidence That Could Have Been Produced at Trial.

The Supreme Court allowed the appeal filed by the State of Rajasthan against the judgment of the Rajasthan High Court dated 10.02.2022. The High Court...

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Bombay High Court Quashes Criminal Proceedings in Central Excise Case Due to Inordinate Delay and Lack of Sanction. Prosecution for Alleged Removal of Scrap Resistors Without Payment of Duty Fails as Complaint Filed After 4 Years and Sanction Under Section 9 of Central Excise Act, 1944 Not Obtained.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Case No....