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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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Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

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Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...

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Karnataka High Court Grants Bail to Accused in Murder Case Due to Lack of Prima Facie Evidence and Long Incarceration. Accused Not Named in FIR and No Direct Evidence of Involvement Under Section 302 IPC.

The petitioners, accused Nos. 1 and 2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. ...

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CRIMINAL WRIT PETITION NO.3931 OF 2016

The petitioner, a former PWD Minister of Maharashtra, filed a habeas corpus petition under Articles 226 and 227 of the Constitution challenging his ar...

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High Court of Bombay Habeas Corpus Petition Examines Legality of Judicial Custody Where Remand Was Not Extended by Competent MCOC Special Court; Accused in Telgi Stamp Scam Seek Release After Non‑Extension of Judicial Remand Under Section 309(2) CrPC by a Judge Not Appointed Under MCOC Act.

The petitioners, five accused in the Telgi stamp scam (Special Case No. 2 of 2003 before the MCOC Court at Pune), filed this writ petition under Artic...