Search Results for "bail jurisdiction"

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Bombay High Court Grants Bail to Accused in Murder Case Due to Long Incarceration and Speedy Trial Violation. Right to Personal Liberty Under Article 21 Prevails Over Gravity of Offence in Circumstantial Evidence Case Based on Last Seen Theory.

The applicant, Santosh Pralhad Waghmare, was arrested on 26 March 2017 in connection with C.R. No.76 of 2017 registered at Hill Line Police Station fo...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

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Bombay High Court Quashes Stay on Bail Order in NIA Case — Special Judge Cannot Stay Own Bail Order Under Section 309(1) CrPC. The court held that the power to grant bail does not include the power to stay the bail order, and Section 309(1) CrPC does not authorize such a stay.

The petitioner, Naresh Ramniklal Gaur, was granted bail on 20th November 2021 by the Special Court at Greater Bombay in NIA Special Case No. 1090/2021...

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High Court Grants Bail to Accused in Murder Case Based on Parity with Co-Accused Who Were Already Enlarged on Bail. Petitioners-accused entitled to bail under Section 439 Cr.P.C. as co-accused in same crime had been granted bail by coordinate benches.

The petitioners, accused nos. 1 and 2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking regular b...

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High Court of Karnataka Grants Bail to Accused in DJ Halli Riot Case — Cites Parity and Length of Incarceration. Appellant entitled to bail under Section 14-A of SC/ST (POA) Act, 1989 as co-accused already released and trial not likely to conclude soon.

The judgment concerns two criminal appeals filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,...

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Karnataka High Court Grants Bail to Accused in DJ Halli Mob Lynching Case Citing Parity and No Prima Facie Involvement in Murder. Petitioners accused of rioting and arson under Sections 435, 436 IPC and SC/ST Act granted bail as co-accused similarly placed were already enlarged on bail.

The judgment pertains to two criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail for the petitioner...

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High Court of Karnataka Dismisses Petition to Cancel Bail in Rape Case — Petitioner Fails to Show Misuse of Bail or Violation of Conditions. The court held that cancellation of bail under Section 439(2) Cr.P.C. requires supervening circumstances or misuse of liberty, not mere change of opinion.

The petitioner, Shabanna Taj, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking cancellation of...

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High Court of Karnataka Dismisses State's Petition to Cancel Bail in Rape Case — No Supervening Circumstances or Misuse of Bail Found. The court held that cancellation of bail under Section 439(2) CrPC requires supervening circumstances or misuse of liberty, not mere disagreement with the bail order.

The State of Karnataka, through Alur Police, filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) seeking cancellation...

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High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 52A and Delay in Trial. The court held that failure to comply with mandatory provisions of Section 52A of NDPS Act and prolonged incarceration without trial justified bail despite Section 37 restrictions.

The petitioner, Shivaraj Urs, was the second accused in a case registered by the Narcotics Control Bureau (NCB) under the Narcotic Drugs and Psychotro...

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High Court of Karnataka Grants Default Bail to Accused in NDPS Case Despite Cognizance. Right to Default Bail Under Section 167(2) Cr.P.C. is Indefeasible and Not Extinguished by Filing of Charge Sheet or Taking of Cognizance Under Section 36A NDPS Act.

The petitioner, Shivaraj Urs, accused No.2 in Special CC No.1197/2019 pending before the Special Judge for NDPS cases, Bengaluru, filed a criminal pet...