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Search Results for "terrorist activities"

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Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

High Court

High Court of Karnataka Dismisses Bail Appeal in NIA Case — Accused No.16 in Terror Conspiracy Case Denied Bail Due to Prima Facie Involvement and Flight Risk. The court held that the accused's active participation in the conspiracy and the serious nature of offences under the Unlawful Activities (Prevention) Act, 1967 and Indian Penal Code, 1860 warranted denial of bail.

15 Jun 2023

The appellant, Zabiulla @ Zabibulla, accused No.16 in Spl.C.C.No.320/2020, filed a criminal appeal under Section 21(4) of the National Investigation A...

Supreme Court

Supreme Court Refers to Larger Bench the Question Whether Mere Membership of a Banned Organization is Punishable Under Section 10 of UAPA, 1967 — Earlier Decisions in Arup Bhuyan and Raneef Holding That Mere Membership Does Not Incriminate Without Violence or Incitement Are Reconsidered as Union of India Was Not Heard.

24 Mar 2023

This judgment arises from a reference to a larger Bench of the Supreme Court of India, questioning the correctness of the decisions in Arup Bhuyan v. ...

High Court

Bombay High Court Grants Bail to Accused in Bhima Koregaon Case Under UAP Act. Court Finds No Prima Facie Evidence of Terrorist Act or Conspiracy Against Senior Professor.

18 Nov 2022

The appellant, Dr. Anand Teltumbde, a senior professor and chair of Big Data Analytics at Goa Institute of Management, was arrested as accused No.10 i...

High Court

Bombay High Court Grants Bail to Accused in Bhima Koregaon-Elgar Parishad Case Under UAP Act. Prolonged Incarceration Without Trial Violates Article 21 and Entitles Accused to Bail Despite Section 43D(5) Bar.

19 Sep 2022

The appellant, Hany Babu, a professor and academic, was arrested on 28 July 2020 in connection with FIR No. 1 of 2020 registered by the National Inves...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Murder Case on Grounds of Parity and Delay in Trial. Appellants Accused of Murder Under Section 302 IPC and Offences Under Unlawful Activities (Prevention) Act Granted Bail as Co-Accused Already Released.

1 Jul 2022

The appellants, accused Nos. 1 and 4, filed a criminal appeal under Section 21(4) of the NIA Act challenging the order dated 21.04.2021 passed by the ...

Supreme Court

Supreme Court Allows Bail for Accused in UAPA Case Due to Lack of Prima Facie Evidence and Prolonged Incarceration. Court Holds That Statutory Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967 Do Not Oust Constitutional Courts' Power to Grant Bail Based on Fundamental Rights Violations and Trial Delays.

28 Oct 2021

The Supreme Court dealt with two criminal appeals arising from a Kerala High Court judgment concerning bail granted to accused persons under the Unlaw...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

High Court

Bombay High Court Upholds Conviction Under UAPA for Conspiracy to Commit Terrorist Acts — Acquittal for Attempt to Commit Offences Under IPC and UAPA. Appellants convicted under Section 18 of Unlawful Activities (Prevention) Act, 1967 for conspiracy to commit terrorist acts, but acquitted of attempt and other charges due to lack of evidence.

3 Dec 2018

The case involves an appeal by Abdul Latif Abdul Rashid Shaikh @ Guddu and Riaz Ali Abubakar Shaikh @ Riyan against their conviction under Section 18 ...

High Court

Bombay High Court Grants Bail to Alleged Maoist Members in UAP Act Case — Insufficient Evidence of Terrorist Activity. Mere Membership of Banned Organization Without Active Participation Does Not Attract Stringent Bail Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967.

3 Oct 2012

The judgment concerns two bail applications filed by Jyoti Babasaheb Chorge (Accused No.4) and Sushma Hemant Ramtekke (Accused No.2) in Sessions Case ...

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