Digi - Legal Insights

Though Advisory Board had approved detention of Petitioner, there was no material before detaining authority to categorize Petitioner as a dangerous person or bootlegger, detention order set aside.

Though Advisory Board had approved detention of Petitioner, yet there was no material before Detaining Authority to categorize Petitioner as a dangerous person or bootlegger, detention order set aside.

Though petitioner is detained as a bootlegger for recent offences about bootlegging but detaining authority considered stale offences and unverified confidential statements, Detention order under MPDA held vitiated.

Illegal gratification not proved-Conviction set aside as prosecution failed to establish demand of illegal gratification; benefit of doubt extended to accused.

Pre-arrest bail denied-Prima facie case made out and custodial interrogation justified due to applicants influential position and apprehension of evading justice.

Pending criminal revision does not bar issuance of passport where case falls under Section 6(2)(f) of Passport Act-Authority obligated to consider request as per statutory provision and Government notification.

Interim compensation-Petition against interim compensation dismissed where cheques not issued for discharge of legally enforceable debt or liability under Section 138 NI Act.

Accused discharged where invocation of offences based on confessional statements and WhatsApp chats lacks legal admissibility and fails to justify framing of charge.

Conviction upheld-Failure of accused to explain injuries sustained by deceased while both were together is a strong incriminating circumstance.

Conviction set aside where prosecution failed to prove conspiracy and concealment beyond reasonable doubt; recovery evidence unreliable and safeguards for confession not followed.

Conviction for murder and illegal use of firearm set aside due to inconsistent circumstantial evidence; conviction under Section 201 IPC sustained.

Conviction under Sections 302 and 34 IPC set aside where prosecution evidence was doubtful, investigation unfair, and corroboration lacking.

Issuance of process-Process under Section 394(1)(e)(i) of MMC Act quashed where no material showed that any “trade” was being conducted by company.

Violation of consent, record, and place-of-termination requirements attracts Section 312 IPC unless procedure is done in good faith to save life.

Wife with no permanent income but receiving honorarium entitled to maintenance; husband earning pension and income from medical practice -Maintenance granted by Revisional Court held just and proper.

Interim maintenance of Rs. 1,000/ month to child upheld where petitioner admitted marriage and brief cohabitation; no illegality in Trial Courts order under Section 125 CrPC.

Where station diary showed due compliance and arrest was made after preliminary inquiry and within 24 hours, no violation of statutory or constitutional rights found.

Magistrate must conduct inquiry under Section 202(1) CrPC when initial investigation reports are adverse; process issued without fresh material or inquiry is invalid. 2015 B.C.I. (soft) 392(S.C.); 2019(2) Bom.C.R.(Cri.) 626(S.C.) dis. 2024(4) S.C.C. 289 reff.

Magistrates order summoning accused upheld where prima facie satisfaction is based on material and witness statements; interference under Section 482 CrPC not warranted.

Arrest vitiated where custody exceeded 24 hours and mandatory provisions under Sections 316(5) and 318(4) BNS were not complied with; violation of Article 21. 2025 DGLS(Bom.) 1137; 2025 DGLS(SC) 149; 2024(3) Bom.C.R.(Cri.) 897; 2025 DGLS(SC) 170; 2025 DGLS(SC) 815; 1964 B.C.I. (soft) 19; 2013(4) Bom.C.R.(Cri.) 680(S.C.) ref.