Custodial interrogation not mandatory in murder cases: Bombay High Court
2 years, 3 months ago

Custodial interrogation not mandatory in murder cases: Bombay High Court

India Today  

The Bombay High Court, while granting anticipatory bail to a man, said that only because the case is of murder does not mean that an accused must be interrogated under police custody. Justice Bharti Dange said, “Merely because the offence involved is under section 302 of Indian Penal Code, it is not imperative for his custodial interrogation and an apprehension of the applicant that, ‘he has reason to believe that he may be arrested,’ is sufficient to invoke the provision of section 438, of Criminal Procedure Code.” A case was registered with the Ghatkopar Police station in Mumbai on May 20, 2019, by Manoj Dubey, the brother of the deceased. Dubey alleged that in 2017, the accused Santosh Mane along with four of his associates had attacked him with hockey sticks and swords, mistaking him to be his deceased brother. The court saw that there were few cross complaints in 2017 and in one case Mane and Dubey’s brother both were accused.

Brother Accused Mane Dubey Custodial Interrogation Chavan Cases Bombay  incident  mandatory  cases  bombay  accused  dubey  2017  high  dubeys  brother  murder  custodial  interrogation  mane  case  chargesheet  court

History of this topic

Bombay High Court criticises CID over custodial death probe in Badlapur case
1 month, 3 weeks ago

Bombay High Court criticises CID over custodial death probe in Badlapur case

India Today  

The Bombay High Court on Monday criticised the Crime Investigation Department for failing to provide all relevant evidence to the magistrate conducting an inquiry into the custodial death of Akshay Shinde, the accused in the Badlapur sexual assault case. During the hearing, Shinde's family’s lawyer, Amit Katarnaware, alleged the location of the incident was a known site for encounters, with …

Bombay High Court Grants Bail To POCSO Accused After Finding That Complainant, Advocate Submitted False & Impersonated Affidavit Before Notary
11 months, 1 week ago

Bombay High Court Grants Bail To POCSO Accused After Finding That Complainant, Advocate Submitted False & Impersonated Affidavit Before Notary

Live Law  

The Bombay High Court recently granted bail to a man accused of sexually assaulting his daughter after finding that the complainant and her advocate, filed a false affidavit in the case. Prima facie, the conduct of the Respondent No.2 and the conduct of the learned Advocate Rohit Kumar amounts to interference in the administration of justice as false and fabricated …

Relationship Prima Facie Consensual: Bombay High Court Grants Anticipatory Bail To Married Lawyer Accused Of Rape By Client
1 year, 5 months ago

Relationship Prima Facie Consensual: Bombay High Court Grants Anticipatory Bail To Married Lawyer Accused Of Rape By Client

Live Law  

The Bombay High Court recently granted anticipatory bail to a lawyer accused of raping his client, observing that the relationship appeared consensual despite the accused being a married man. “The material on record particularly WhatsApp chats, messages, prima facie indicate that the first informant was in constant contact with the Applicant not only after the alleged date of the incident …

Drugs case: High court refuses anticipatory bail to Raj Jit
1 year, 5 months ago

Drugs case: High court refuses anticipatory bail to Raj Jit

Hindustan Times  

The Punjab and Haryana high court dismissed anticipatory bail plea of sacked assistant inspector general Raj Jit Singh Hundal, an accused in a drug smuggling case, observing that he might indulge in threatening witnesses. Referring to initiation of criminal case against him following opening of sealed cover reports on drugs by the high court, the bench said it would be …

Two lawyers move Bombay High Court for case against cops who assaulted them
1 year, 6 months ago

Two lawyers move Bombay High Court for case against cops who assaulted them

India Today  

Two lawyers who were assaulted inside the Antop Hill police station in Mumbai last month have taken their case to the Bombay High Court. Advocates Sadhana Yadav and Harikesh Mishra have filed a plea seeking the registration of an FIR against Senior police officer Nasir Kulkarni and other personnel who were on duty at the time. The petition alleges that …

Telangana High Court Grants Anticipatory Bail To Kadapa MP Avinash Reddy In Vivekananda Reddy Murder Case
1 year, 7 months ago

Telangana High Court Grants Anticipatory Bail To Kadapa MP Avinash Reddy In Vivekananda Reddy Murder Case

Live Law  

Observing that no direct evidence is available against him to prove his participation in a larger conspiracy, the Telangana High Court has granted anticipatory bail to the Kadapa MP Y.S. The court was hearing the pre-arrest plea of Reddy who was summoned by CBI in connection with a probe into the murder of his uncle Vivekananda Reddy murder case, a …

Murder Trial- Prosecution's Omission to Explain Injuries On Accused Assumes Importance When Evidence Consists Of Interested Witnesses : Supreme Court
1 year, 9 months ago

Murder Trial- Prosecution's Omission to Explain Injuries On Accused Assumes Importance When Evidence Consists Of Interested Witnesses : Supreme Court

Live Law  

The Supreme Court, on Tuesday, reiterated that omission on the part of the prosecution to explain injuries on the person of the accused assumes greater importance where the evidence consists of interested witnesses or where the defence gives a version which competes in probability with that of the prosecution. A Bench comprising Justice BR Gavai, Justice Vikram Nath and Justice …

Dramatic scenes outside Bombay High Court during custody battle of an 11-year-old boy
1 year, 10 months ago

Dramatic scenes outside Bombay High Court during custody battle of an 11-year-old boy

India Today  

Around 3 pm, a sharp cry for help rang out inside the Bombay High Court where a boy was literally picked up by a man while the child struggled to wriggle out of his grip. READ | Bombay HC grants bail to MCOCA accused languishing in prison without trial for 5 yrs The Bombay High Court and then the Supreme …

Difficult To Accept A Widow With Two Children Residing In A Thickly Populated Locality Could Be Forcibly Raped On Several Occasions: Bombay High Court
2 years ago

Difficult To Accept A Widow With Two Children Residing In A Thickly Populated Locality Could Be Forcibly Raped On Several Occasions: Bombay High Court

Live Law  

Finding it difficult to accept that a widow with two children could be raped many times in a thickly populated locality, the Bombay High Court recently quashed an FIR against a man accused of raping a woman. It is difficult to accept that a widow with two children residing in a thickly populated residential locality could be forcibly raped not …

Calcutta High Court Directs Former Andaman Chief Secretary Charged With Gang Rape To Appear Before SIT
2 years, 2 months ago

Calcutta High Court Directs Former Andaman Chief Secretary Charged With Gang Rape To Appear Before SIT

Live Law  

The Calcutta High Court's Circuit Bench at Port Blair on Friday, while dealing with an anticipatory bail application filed by Jitendra Narain, a former chief secretary of Andaman and Nicobar Islands, ordered him to appear before the Special Investigation Team. It was his case that while in Delhi, his house was raided by police officials from the Union Territory of …

Custodial Interrogation Is Not Imperative Merely Because Offence Is Murder : Bombay High Court Grants Anticipatory Bail To Accused
2 years, 3 months ago

Custodial Interrogation Is Not Imperative Merely Because Offence Is Murder : Bombay High Court Grants Anticipatory Bail To Accused

Live Law  

The custodial interrogation of an accused is not mandatory merely because he's been booked in a murder case, the Bombay High Court held while granting anticipatory bail to a man booked under Section 302 of the Indian Penal Code. A bench of Justice Bharati Dangre observed that the man's legitimate apprehension of arrested was enough to seek pre-arrest bail adding …

'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him
2 years, 6 months ago

'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him

Live Law  

The former ASG at Gujarat High Court, IH Syed was granted anticipatory bail by a bench consisting of Justice Nikhil S. Kariel of the Gujarat High Court. It opined that– "The earlier FIR in question was between private individuals and whereas whatever may be the extent of amount alleged to have been defrauded, it was in the considered opinion of …

Raghunandan Rao says will join prosecution if asked
2 years, 7 months ago

Raghunandan Rao says will join prosecution if asked

Deccan Chronicle  

HYDERABAD: Bharatiya Janata Party MLA from Dubbak M. Raghunandan Rao said that he is ready to join the prosecution team in the Jubilee Hills gangrape case to ensure justice if the victim seeks his services. The BJP’s man of the moment, after having forced the police to take cognizance of the presence of an MLA’s son as one of the …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 7 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
2 years, 8 months ago

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

Live Law  

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out …

Custodial Interrogation An Effective Method Of Crime Solving But Personal Liberty Has To Be Balanced: Delhi HC Grants Pre-Arrest Bail In Cheating Case
2 years, 8 months ago

Custodial Interrogation An Effective Method Of Crime Solving But Personal Liberty Has To Be Balanced: Delhi HC Grants Pre-Arrest Bail In Cheating Case

Live Law  

The Delhi High Court has observed that while custodial interrogation of a suspect is one of the basic and effective methods of crime solving, the liberty of an individual also needs to be balanced out.Justice Asha Menon was dealing with a plea seeking anticipatory bail in connection with an FIR registered under sec. The Delhi High Court has observed that …

Breaking: Bombay High Court Refuses Anticipatory Bail To BJP MLA Nitesh Rane In Attempt To Murder Case
2 years, 11 months ago

Breaking: Bombay High Court Refuses Anticipatory Bail To BJP MLA Nitesh Rane In Attempt To Murder Case

Live Law  

The Bombay High Court on Monday refused pre-arrest bail to BJP MLA Nitesh Rane, son of Union Minister Narayan Rane, in an attempt to murder case registered at Sindhudurg. Breaking - #BombayHighCourt refuses anticipatory bail to #BJP MLA #NiteshRane, son of Union Minister Narayan Rane, in an attempt to murder case registered at Sindhudurg. Rane approached the High Court after …

BJP MLA Nitesh Rane Approaches Bombay High Court Seeking Anticipatory Bail In Attempt To Murder Case
3 years ago

BJP MLA Nitesh Rane Approaches Bombay High Court Seeking Anticipatory Bail In Attempt To Murder Case

Live Law  

BJP MLA Nitesh Rane, son of Union Minister Narayan Rane, has approached the Bombay High Court seeking pre-arrest bail in an alleged attempt to murder case in Sindhudurg, Maharashtra. Evidence prima facie shows that accused Sachin Satpute and Nitesh Rane were together in a vanity van. It is well settled principle of law that generally injured will not allow to …

Bombay HC to hear Nitesh Rane's anticipatory bail plea in murder attempt case tomorrow
3 years ago

Bombay HC to hear Nitesh Rane's anticipatory bail plea in murder attempt case tomorrow

India Today  

Union Minister Narayan Rane’s MLA son Nitesh Rane has approached the Bombay High Court for anticipatory bail in an attempt to murder case against him. Rane’s anticipatory bail application was rejected by the Sindhudurg Sessions Court last week. Rane’s lawyers RV Raorane and Sangram Desai had argued that he had no concern with the alleged crime and that he and …

"Entire Dept Protecting Custodial Death Accused Police Personnel": Patna High Court Denies Pre-Arrest Bail To Policeman
3 years ago

"Entire Dept Protecting Custodial Death Accused Police Personnel": Patna High Court Denies Pre-Arrest Bail To Policeman

Live Law  

Observing that the entire police department is protecting the police personnel who are accused of causing the custodial death of 2 persons, the Patna High Court on Wednesday rejected the anticipatory bail plea filed by a policeman accused in the matter.The Bench of Justice Sandeep Kumar made this observation as it noted that despite the fact that the custodial death …

"Boyfriend Remained Silent Spectator When His Beloved Was Brutally Sexually Assassinated": Allahabad HC Denies Bail In Gang-Rape Case
3 years, 2 months ago

"Boyfriend Remained Silent Spectator When His Beloved Was Brutally Sexually Assassinated": Allahabad HC Denies Bail In Gang-Rape Case

Live Law  

The Allahabad High Court recently denied bail to a person accused of gang-raping his girlfriend, along with three other persons noting that he remained silent spectator when co-accused persons were brutally sexually assassinating his beloved in front of him. Unfortunately, it was further argued, when the victim was busy in that act, remaining co-accused persons also reached on the spot …

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused
3 years, 3 months ago

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused

Live Law  

Underscoring that crime against the women is a monstrous burial of dignity in the darkness, and it against the holy body of a woman and the soul of a society, the Allahabad High Court last week denied anticipatory bail to a man accused of gang-raping a minor.The bench of Justice Chandra Dhari Singh denied bail to the accused noting that …

Bombay High Court directs Inquiry Against Lawyer On Allegations of Professional Misconduct
3 years, 5 months ago

Bombay High Court directs Inquiry Against Lawyer On Allegations of Professional Misconduct

Live Law  

The Nagpur Bench of the Bombay High Court on Thursday ordered a preliminary inquiry against a lawyer into allegations of alleged professional misconduct. Justice Rohit Deo directed the Principal District and Sessions Judge, Nagpur,to inquire if accused Swapnil Ramteke's counsel filed a second bail application for his client before the trial court without disclosing that the first bail application had …

"Shall Not Move In Vicinity Of Prosecutrix": MP HC Grants Anticipatory Bail To Man Accused Of Raping Live In Relationship Partner
3 years, 6 months ago

"Shall Not Move In Vicinity Of Prosecutrix": MP HC Grants Anticipatory Bail To Man Accused Of Raping Live In Relationship Partner

Live Law  

The Madhya Pradesh High Court on Wednesday granted anticipatory bail to a man accused of raping his live in relationship partner on the promise to marry her by imposing the condition that he shall not move in her vicinity or be a 'source of embarrassment or harassment' to her. A single judge bench comprising of Justice Anand Prakash granted bail …

Bombay High Court Grants Transit Anticipatory Bail To Journalist Rana Ayyub In UP Police FIR
3 years, 6 months ago

Bombay High Court Grants Transit Anticipatory Bail To Journalist Rana Ayyub In UP Police FIR

Live Law  

The Bombay High Court on Monday granted 4 weeks transit anticipatory bail to journalist Rana Ayyub in the FIR registered by the Uttar Pradesh police over her tweet on the Ghaziabad incident relating to the assault of an elderly Muslim man.A single bench of Justice PD Naik ordered that protection can be granted to Ayyub for a period of four …

'Clear That Police Helped Culprit' : Karnataka High Court Cancels Bail Granted To Rape-Accused Cop
3 years, 7 months ago

'Clear That Police Helped Culprit' : Karnataka High Court Cancels Bail Granted To Rape-Accused Cop

Live Law  

Observing that "this is a classic example of how the police allow the accused person, who commits the heinous offence to go scot-free, instead of arresting him when he himself was available in the police station," the Karnataka High Court has directed the police to arrest Vishwanth Biradar, a police sub inspector accused of rape. A single bench of Justice …

Custodial Violence Unacceptable In Civilized Society: Supreme Court Rejects Plea Of Police Officers Seeking Compounding In View Of Settlement
3 years, 10 months ago

Custodial Violence Unacceptable In Civilized Society: Supreme Court Rejects Plea Of Police Officers Seeking Compounding In View Of Settlement

Live Law  

The Supreme Court refused the plea seeking compounding of offences of two police officers accused in a custodial violence case.Though considering their age, the sentence was reduced, the bench comprising Justices Ashok Bhushan and Ajay Rastogi enhanced the compensation to to Rs.3.5 lacs each in addition to compensation awarded by the High Court to be paid to the legal heirs …

"Custodial Interrogation Required"; Bombay HC Rejects Pre Arrest Bail To Man Accused Of Giving Triple Talaq To Wife [Read Order]
4 years, 2 months ago

"Custodial Interrogation Required"; Bombay HC Rejects Pre Arrest Bail To Man Accused Of Giving Triple Talaq To Wife [Read Order]

Live Law  

The Bombay High Court last month while rejecting the anticipatory bail application of a man accused of giving triple talaq to his wife, observed that there were serious allegations against him of threatening the informant wife and inserting rod in her private parts, therefore custodial interrogation of the applicant is required. The FIR further mentions that, the applicant gave some …

In Case Of A Gang Rape, Medical Corroboration Not An Absolute Necessity: MP HC Denies Bail Despite The Fact That Victim Married Accused [Read Order]
4 years, 2 months ago

In Case Of A Gang Rape, Medical Corroboration Not An Absolute Necessity: MP HC Denies Bail Despite The Fact That Victim Married Accused [Read Order]

Live Law  

The Madhya Pradesh High Court on Friday noted in an order that in cases of Gang Rape, medical corroboration is not an absolute necessity. Court's Order Denying the benefit of bail to accused-appelant, the Court remarked, "After hearing counsel for both the parties and the entire material available in the PDF format and the fact that it is a case …

Bombay HC Sets Aside Conviction In A Case Registered During 92' Bombay Riots [Read Judgment]
5 years, 2 months ago

Bombay HC Sets Aside Conviction In A Case Registered During 92' Bombay Riots [Read Judgment]

Live Law  

The Bombay High Court set aside conviction of one Abdul Gani Mulla, a man sentenced to seven years in prison for allegedly ransacking the house, assaulting the wife and children of another man Balkrishna during the Bombay riots of 1992. It is alleged at about 7 pm on December 7, 1992, complainant Balkrishana saw a mob of 'Muslim people' approaching …

Bombay HC Acquits Two Convicted Of Kidnapping And Murdering A 12-Year-Old Boy For Lack Of Evidence [Read Judgment]
5 years, 4 months ago

Bombay HC Acquits Two Convicted Of Kidnapping And Murdering A 12-Year-Old Boy For Lack Of Evidence [Read Judgment]

Live Law  

The Bombay High Court today acquitted Imtiyaz Shaikh, who was sentenced to death by the sessions court and Azad, who was sentenced to life imprisonment for kidnapping and killing a 12-year-old boy in 2012, due to lack of evidence. Case Background According to the prosecution, deceased victim's father Rajesh Bhadange filed a complaint with the police on June 1, 2012 …

Discover Related