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Supreme Court Allows Transfer of Murder Trial from West Bengal to Assam Due to Apprehended Bias and Mala Fide State Action. State's Attempt to Withdraw Prosecution Under Section 321 CrPC Set Aside as Arbitrary, and Trial Court's Conduct Raises Doubts on Fair Trial.

The case arises from a transfer petition filed by Afjal Ali Sha, brother of the deceased Kurban Sha, seeking transfer of the murder trial (S.T. No. 1 ...

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Bombay High Court Quashes Rape FIR in Breach of Promise to Marry Case — No Offence of Rape Made Out as Sexual Intercourse Was Consensual Based on Promise of Marriage. Court holds that failure to marry due to incompatibility does not constitute rape under Section 375 IPC or cheating under Section 417 IPC.

The petitioners, including the main accused Bharat Devdan Salvi and his family members, filed a writ petition under Article 226 of the Constitution re...

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High Court of Karnataka Dismisses Union of India's Appeal Against Grant of Default Bail Under UAPA — Right to Default Bail Accrues on Expiry of 90 Days from First Remand, Subsequent Filing of Charge Sheet Does Not Defeat Right.

The Union of India filed writ appeals against an order of a learned Single Judge granting default bail to the respondents under Section 167(2) of the ...

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Bombay High Court Refers Conflict on Emergency Parole for POCSO Convicts to Larger Bench. Interpretation of Rule 19(1)(C) of Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 Requires Resolution of Conflicting Decisions on Entitlement of Convicts Under Section 376 IPC and POCSO Act.

The petitioner, Pintu Uttam Sonale, a convict under Section 376 of the Indian Penal Code and Sections 3, 4, and 5 of the Protection of Children from S...

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Supreme Court Allows CBI Appeal in Corruption Case, Directs Payment of Balance Fine or Custody for Default Sentence. Fine is a Sentence Under Section 53 IPC and Can Be Suspended Under Section 389 CrPC, But High Court's Order Did Not Suspend Fine or Default Sentence.

The case involves an appeal by the Central Bureau of Investigation (CBI) against an order of the Delhi High Court suspending the sentence of the respo...

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Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case for Lack of Prima Facie Intent to Humiliate Based on Caste. The alleged insult was not shown to be on account of the victim's caste, and the incident arose from a personal dispute, not caste animus.

The appellant, Ramrao Kashinath Rathod, filed a criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Material to Show Public Order Threat — Single Crime and In-Camera Statements Insufficient to Sustain Detention as 'Dangerous Person'.

The petitioner, Vicky Satyawan Chavan @ Barkya, challenged a preventive detention order dated 08/07/2019 passed by the Commissioner of Police, Mumbai,...