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Search Results for "bail jurisdiction"

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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

High Court

High Court of Karnataka Grants Bail to Accused in Murder Case Due to Absence of Overt Act and Completed Investigation. Bail Granted under Section 439 Cr.P.C. as Petitioner's Role Limited to Presence, No Recovery of Weapon, and Custodial Trial Not Required Despite Charges under Sections 504, 302 read with 34 IPC.

8 Jul 2020

The Criminal Petition was filed under Section 439 of the Cr.P.C. seeking regular bail for the petitioner in Crime No.109/2019 registered by Suddagunte...

Supreme Court

Supreme Court Grants Bail to Accused in GST Evasion Case — Alleged Clandestine Transport of Unmanufactured Tobacco. Court held that where investigation is complete, charge sheet filed, and evidence is largely documentary, bail may be granted despite high tax evasion allegations, subject to conditions.

5 Dec 2022

The petitioner, Ratnambar Kaushik, filed a Special Leave Petition before the Supreme Court challenging the order of the Rajasthan High Court (Jaipur B...

Supreme Court

Supreme Court Grants Anticipatory Bail to Accused in IPC Rape and Criminal Intimidation Case Due to Delay in FIR and Attending Circumstances. Anticipatory Bail Granted Under Section 438 CrPC as Incident Occurred Five Months Before FIR Lodging, With Conditions Including Cash Security and Cooperation With Investigation.

5 Sep 2022

The appeal arose from the rejection of an anticipatory bail application by the High Court of Madhya Pradesh. The appellant, apprehending arrest in con...

High Court

Bombay High Court Allows Bail in SC/ST Act Case Due to Prima Facie False Implication and Lack of Public View Element. Caste-based insult allegations under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 fail as incident occurred in private setting, not in public view.

23 Aug 2023

The appellant, Sagar @ Nikhil Jagdish Kate, filed an appeal under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrociti...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Where Charas Quantity Was Less Than Commercial Quantity, Section 37 Rigours Not Attracted. The court held that 1000 gms of charas is commercial quantity under Section 2(viia) read with notification S.O. 1055(E), but granted bail due to prolonged custody and no prior offences.

16 Oct 2023

The applicant, Vikas Babarsingh Itkan, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offences...

High Court

Bombay High Court Dismisses MCOCA Bail Appeal for Murder Accused — Presence at Scene Sufficient for Bail Rejection. Court holds that in cases of unlawful assembly causing death, mere presence of accused is sufficient to deny bail under Section 12 of MCOCA, 1999.

19 Mar 2021

The appellant, Shri Arif Riyaz Ghodeshwar, filed an appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) against th...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Atrocity Case — Prima Facie Case Not Made Out. FIR under Sections 3(1)(3) and 3(1)(s) of SC/ST Act fails to disclose essential ingredients, hence bar under Section 18 not attracted.

8 May 2020

The judgment pertains to two criminal appeals filed by the original accused in Crime No.03 of 2020 registered with Mahur Police Station, District Nand...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Threatening Application Not Considered as Ground for Detention. The detaining authority's contradictory statement regarding an application threatening public officials indicated non-application of mind, vitiating the subjective satisfaction under Section 3(2) of the MPDA Act.

22 Dec 2020

The petitioner, Laxman @ Kaka Yallappa Jadhav, challenged an order of detention dated 27/8/2020 passed by the Commissioner of Police, Solapur under Se...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Supply of Bail Order — Failure to Provide Vital Document Violates Article 22(5) of Constitution. The detenu's right to make an effective representation was infringed when the bail order, referred to in the grounds of detention, was not supplied to him, rendering the detention order invalid under Section 3(1) of COFEPOSA Act, 1974.

16 Apr 2012

The petitioner, Mohd. Shakil Khan, uncle of the detenu Nadeem Shaikh, filed a writ petition under Article 226 of the Constitution of India challenging...

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