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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...

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Bombay High Court Grants Bail to Approver in MCOCA Case Due to Long Incarceration and No Likelihood of Trial Conclusion. Right to Speedy Trial Under Article 21 Prevails Over Stringent Provisions of MCOCA.

The applicant, Danish Ali Jamaluddin Ahmed, was arrested on 1 December 2018 in connection with FIR No. 326 of 2018 (later renumbered as FIR No. 36 of ...

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Bombay High Court Allows Life Convict's Plea for Concurrent Sentences Under Section 427(2) CrPC - Court Directs Life Sentence and 10-Year RI to Run Concurrently

The petitioner, Mahadev Asaram Sillode, a life convict, filed a criminal writ petition under Article 226 of the Constitution of India before the Bomba...

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High Court of Bombay at Aurangabad Dismisses Petitions Challenging Cancellation of Bail Under Section 439(2) CrPC — Addition of Stringent Offences Under MPID Act and SC/ST Act After Grant of Bail Justified Cancellation.

The petitioners, original accused in a criminal case, had been granted regular bail by the Sessions Court. Subsequently, the prosecution sought to add...

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Bombay High Court Quashes MCOCA Sanction Against Petitioner Due to Non-Application of Mind by Sanctioning Authority. Sanction Order Under Section 23(1) of MCOCA Set Aside as Authority Failed to Consider 'Continuing Unlawful Activity' Requirement.

The petitioner, Sagar Balasaheb Gaikwad, filed a writ petition before the Bombay High Court seeking quashing of the sanction order dated 27.11.2018 un...

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Bombay High Court Quashes FIR in Kidnapping and Attempt to Murder Case Due to Compromise Between Parties. Court holds that when the victim and complainant have settled the dispute and no public interest is involved, continuation of proceedings would be an abuse of process of law under Section 482 CrPC.

The applicants, ten individuals, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of First Infor...

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Bombay High Court Allows Default Bail to Accused in Murder Case Under Section 167(2) CrPC Due to Investigation Delay. Statutory Right to Default Bail Cannot Be Denied Even When Investigation Under MCOCA Is Pending, as Charge Sheet Was Filed After the Application for Default Bail.

The petitioner, Pankaj Sundarlal Yadav, was accused No.7 in Crime No.113/2015 registered at Police Station Gondia for offences under Section 302 read ...