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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 Quashes Detention Order Under MPDA Act for Failure to Consider Detenu's Custody Status. Preventive detention order set aside as detaining authority did not record satisfaction that detenu was likely to be released on bail.

The petitioner, Mujammil @ Murgya Sabbir Mokashi, challenged an order of detention dated 26.09.2015 passed by the Commissioner of Police, Pune City un...

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High Court of Karnataka Allows Release of Seized Vehicle in NDPS Case — Owner Not Accused, No Confiscation Proceedings Initiated. Vehicle Owner Entitled to Interim Custody Under Section 457 Cr.P.C. Pending Trial, Subject to Conditions Including Bank Guarantee of Rs. 1,00,000.

The petitioner, Kawal Jeet Kaur, is the registered owner of a vehicle (a truck) that was seized by the Excise Range Office, Indi, in Crime No. 105/202...

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Bombay High Court Grants Habeas Corpus, Orders Release of Detainee Held Beyond Bail Order in MCOC Case. Petitioner's continued detention after being produced pursuant to production warrant and not being remanded was illegal as his earlier bail remained uncancelled.

The petitioner, Amar Shamrao Kolekar, was arrested on 17 September 2012 in connection with CR No. I-347/2012 for offences under Section 394 read with ...

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High Court Dismisses/Allows Bail to Accused in Murder Case Involving Conspiracy and Long Detention Without Trial. Scope of Section 439 CrPC and Article 21 right to speedy trial evaluated in context of parity with co-accused and threat perception.

The criminal petition was filed by accused Nos. 3 and 4 under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crim...

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Supreme Court Acquits Stepfather in Child Murder Case Due to Botched Investigation and Unreliable Circumstantial Evidence. Last Seen Theory and DNA Evidence Fail to Sustain Conviction Under Indian Evidence Act

The Supreme Court heard a criminal appeal against the High Court's affirmation of the stepfather's conviction for the murder of his six-year-old stepd...

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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 Quashes Detention Order Under M.P.D.A. Act for Lack of Subjective Satisfaction Regarding Imminent Possibility of Release on Bail. Detaining Authority Failed to Disclose Cogent Material or Satisfaction That Detenu in Custody Would Be Released on Bail.

The petitioner, Nitin Baban Pawar, challenged an order of detention dated 19th May 2022 issued by the Commissioner of Police, Thane, under the Maharas...