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Search Results for "detention without charge sheet"

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High Court

Protecting the Fundamental Right to Liberty under Article 21. Illegal Arrest of a Decorated Police Officer: Bombay High Court Awards Compensation for Violation of Fundamental Rights.

25 Nov 2024

The Bombay High Court, in the case of Sambhaji Achyutrao Patil v. State of Maharashtra & Ors., addressed the illegal arrest and detention of a se...

High Court

Bombay High Court Dismisses Default Bail Appeals in UAPA Case — Extension of Investigation Time Valid Despite Procedural Irregularities. Supreme Court Had Restored Extension Order, Charge-Sheet Filed Within Extended Period, Hence No Indefeasible Right to Default Bail Under Section 167(2) CrPC.

26 Jul 2024

The case involves two criminal appeals challenging a common order dated 28th June 2022 passed by the learned Special Judge, NIA, Greater Mumbai, rejec...

Supreme Court

Supreme Court Quashes Bail Order in Companies Act Case, Clarifying Statutory Bail Under Section 167(2) CrPC. The Court held that filing of complaint before expiry of prescribed period extinguishes right to statutory bail, regardless of cognizance being taken, under Section 167(2) of Code of Criminal Procedure, 1973.

7 Feb 2022

The Supreme Court heard an appeal by the Serious Fraud Investigation Office (SFIO) against a bail order dated 31.05.2019 passed by the High Court of P...

Supreme Court

Supreme Court Dismisses Appeals in National Investigation Agency Act Case Upholding State Court Jurisdiction Until NIA Takeover. The Court held that under Section 6(7) of the National Investigation Agency Act, 2008, the State Police may continue investigation until the NIA actually takes over, and state courts retain jurisdiction under the Code of Criminal Procedure, 1973 for scheduled offences until that point.

20 Oct 2021

The appeals arose from a judgment of the Bombay High Court dated 5 July 2018, which dismissed a criminal writ petition challenging the jurisdiction of...

Supreme Court

Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

13 Mar 2020

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

Supreme Court

Supreme Court Dismisses Appeal Holding That Bail in Original FIR Does Not Cover Newly Added UAPA Offences and NIA Re-Registration Is Not a Second FIR. The court ruled that the appellant must seek fresh bail for offences under the Unlawful Activities (Prevention) Act, 1967, and that the NIA's re-registration and further investigation were lawful.

26 Apr 2019

The appellant, Pradeep Ram, was initially arrested in connection with FIR No. 02/2016 registered at Police Station Tandwa for offences under Sections ...

High Court

Bombay High Court Dismisses Habeas Corpus Petition for Son's Release in CBI Case Due to Timely Filing of Charge-Sheet. Court holds that 90-day limit under Section 167(2) CrPC applies to offences punishable with imprisonment of 10 years or more, and charge-sheet filed within 90 days prevents default bail.

8 Dec 2017

The petitioner, Rajkumar Bhagchand Jain, filed a writ of habeas corpus before the Bombay High Court seeking the release of his son, Rohit Jain, from j...

High Court

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.

23 Aug 2016

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 ...

High Court

Bombay High Court Dismisses Habeas Corpus Petition of POTA Detenus Seeking Release on Ground of Unlawful Detention. Court holds that detention under POTA is valid and habeas corpus cannot be used to challenge conditions of detention or seek bail.

30 Jan 2006

The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention unde...

High Court

Bombay High Court Awards Compensation to Tribal Minor Girl for Custodial Torture and Illegal Detention - State Liable for Violation of Fundamental Rights Under Articles 21 and 22 of Constitution of India. Court Held That Wrongful Detention, Torture, and False Implication of a Juvenile in Serious Offences Constitute Gross Violation of Human Rights, Entitling Victim to Compensation.

10 Jan 2006

The petitioner, Parbatabai Sakharam Taram, a tribal woman belonging to the Gond caste, filed a criminal writ petition under Articles 226 and 227 of th...

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