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Bombay High Court Grants Bail to Accused in Extortion Case Due to Long Incarceration and Snail-Paced Trial. Delay in FIR and Lack of Evidence Weaken Prosecution Case Under Sections 364-A, 384, 385, 386, 387 IPC and Sections 3, 25 Arms Act.

The applicant, Mohammad Khalid Mukhtar Ahmed Shaikh, was accused No.1 in C.R. No.312 of 2020 registered with Bhiwandi City Police Station for offences...

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Bombay High Court Allows Accused's Petition in NDPS Act Case — Default Bail Granted Under Section 167(2) CrPC. Right to default bail cannot be defeated by seeking police custody for Section 27 discovery after charge sheet period expires.

The petitioner, Swapnil Gaikwad, was arrested in connection with an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)....

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High Court of Karnataka Examines Default Bail Plea Against Custody Extension Under Organised Crime Act. Statutory Bail Application Ignored; Extension Sought Beyond 90 Days Violates Section 167(2) Cr.P.C. and Fundamental Rights.

The petitioner, an accused in a murder case under the Karnataka Control of Organized Crimes Act, 2000, filed a writ petition challenging the order of ...

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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Bombay High Court Allows Appeal by Paternal Grandmother in Guardianship Dispute Over Minor Child — Welfare of Child Paramount. Custody granted to paternal grandmother as maternal grandmother failed to prove her as a fit guardian under Guardians and Wards Act, 1890.

The case involves a dispute between the paternal grandmother (appellant) and the maternal grandmother (respondent) over the guardianship of a minor gi...

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Bombay High Court Allows Gaushala's Petition Against Release of Seized Cattle to Alleged Owner in Cruelty Case — Locus Standi of Custodian Recognized Under Article 227 and Section 482 CrPC.

The petitioner, Gorakshanarth Aadiwasi Sevabhavi Sanstha Hatta (Naik) Gopal Gaushala, a public charitable trust, filed a criminal writ petition under ...

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Bombay High Court Allows Adoption Petition, Sets Aside Custody Order in Favor of Adoptive Parents — Deed of Adoption Valid Under Hindu Adoption and Maintenance Act, 1956 Despite Lack of Witnesses and Registration.

The case involves a dispute between adoptive parents (petitioners) and biological parents (respondents) over the custody of a minor child aged 2 years...