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Bombay High Court Grants Bail to Alleged Maoist Members in UAP Act Case — Insufficient Evidence of Terrorist Activity. Mere Membership of Banned Organization Without Active Participation Does Not Attract Stringent Bail Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967.

The judgment concerns two bail applications filed by Jyoti Babasaheb Chorge (Accused No.4) and Sushma Hemant Ramtekke (Accused No.2) in Sessions Case ...

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Bombay High Court Examines Appeals Against Conviction Under Sections 302, 307, 325, 324, 452 r/w 149 of IPC in a Village Faction Murder Case; Holds That Evidence of Interested Witnesses Cannot Be Mechanically Rejected and Must Be Evaluated Cautiously

The appeals arose from a judgment dated September 24, 2009, passed by the Sessions Judge, Gadchiroli, in Sessions Case No. 109 of 2003, convicting 13 ...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Sections 302 and 324 read with 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellants, Satish Bansi Lagad, Bansi Kisan Lagad, Kisan Ganpat Lagad, and Aashabai Bansi Lagad, were convicted by the Sessions Judge, Ahmednagar ...

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Bombay High Court Acquits Accused in Rape of Mentally Retarded Woman Due to Lack of Consent Evidence. Conviction under Section 376(2)(l) IPC set aside as prosecution failed to prove absence of consent and knowledge of mental retardation.

The present appeal challenged the conviction and sentence of the appellant under Section 376(2)(l) of the Indian Penal Code, 1860 (IPC) for the rape o...

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Bombay High Court Allows Compensation for Illegal Detention in Chapter Proceedings — Violation of D.K. Basu Guidelines. Petitioner awarded Rs. 25,000 for being detained over 24 hours without production before Magistrate in Chapter Proceeding No. 68/2005 under Section 107 of CrPC.

The petitioner, Balasaheb Sadanand Bhagat @ Bhakta, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, seeking compensa...

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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 Default Bail to Accused Arrested After Charge-Sheet Filing in Further Investigation. Right to Default Bail Under Section 167(2) CrPC Applies to Accused Arrested During Further Investigation, Not Extinguished by Prior Charge-Sheet Filing.

The Bombay High Court, in a referral order, resolved a conflict between two Single Judge decisions regarding the applicability of default bail under S...