Search Results for "bail jurisdiction"

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Search Results for "bail jurisdiction"

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Supreme Court

Supreme Court Grants Bail to Accused in MCOCA Case Due to Prolonged Incarceration Without Trial. Right to Speedy Trial Under Article 21 Violated as Charges Not Framed Even After Five Years of Custody.

18 Dec 2024

The Supreme Court allowed the appeal of Siddhant @ Sidharth Balu Taktode against the State of Maharashtra and another, challenging the rejection of hi...

High Court

Bombay High Court Grants Bail to Accused in SC/ST Act and Rape Case Due to Consensual Relationship and Lack of Prima Facie Case. Court finds that the victim's conduct and delay in FIR indicate a consensual relationship, not an offence under Section 376 IPC or Sections 3(1)(w)(i), 3(2)(v) of the SC/ST Act.

18 Oct 2022

The appellant, Hitesh Santosh Vartak, filed a criminal appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

High Court

Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

24 Jan 2014

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

High Court

High Court Grants Anticipatory Bail to Accused in Abetment of Suicide Case — Quarrel Between Neighbors Not Sufficient to Attract Section 306 IPC. The court held that the mere allegation of calling the deceased a prostitute does not constitute instigation to commit suicide under Section 306 IPC, and granted anticipatory bail under Section 438 CrPC.

1 Jul 2020

This is a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) filed by four petitioners (accused 1, 3, 6 and 7) seeking...

High Court

Bombay High Court Quashes FIR for Cheating and Criminal Breach of Trust in Business Transaction Dispute. Allegations Found to be Civil in Nature, Not Disclosing Ingredients of Offences Under Sections 406 and 420 IPC, Constituting Abuse of Process.

17 Nov 2021

The applicant, Avdhesh Harichand Jaiswal, a businessman from Uttar Pradesh, filed a petition under Section 482 of the Code of Criminal Procedure, 1973...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Demand and Acceptance Evidence. Court Upholds Trial Court's Finding That Prosecution Failed to Prove Demand and Acceptance of Bribe Beyond Reasonable Doubt Under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988.

22 Oct 2024

The State of Maharashtra appealed against the acquittal of Prakash Pandharinath Rajput, a Police Sub-Inspector, who was charged with demanding and acc...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Public Order Impact — Single Criminal Case and In-Camera Statements Insufficient to Establish Detriment to Public Order.

29 Feb 2024

The petitioner, Nilesh Sunil Pendulkar, challenged an order dated 06.10.2023 passed by the District Magistrate, Ahmednagar, under Section 3(1) of the ...

High Court

Bombay High Court Grants Anticipatory Bail to Architect and Engineer in Building Collapse Case - No Prima Facie Case of Culpable Homicide Made Out. The court held that the allegations did not disclose the ingredients of Section 304 IPC as there was no intention or knowledge of likely death, and the case was more appropriately covered under Section 304-A IPC which is bailable.

7 Jan 2021

The judgment pertains to two anticipatory bail applications filed by Vivek Keshavrao Dongre, a civil engineer and proprietor of M/s Vertical Architect...

High Court

Bombay High Court Quashes MPDA Detention Order for Lack of Compelling Material and Non-Application of Mind. Detention order under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as the detaining authority failed to consider that the petitioner was already in judicial custody and there was no credible material to show likelihood of release and resumption of dangerous activities.

19 Jun 2021

The petitioner, Vijay Rajendra Patil, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act) by an...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

11 Oct 2011

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...

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