Justice M.M. Nerlikar Archives

charge sheet extension in routine manner

‘Flagrant violation of Section 21(2)(b) of MCOCA’; Bombay HC grants bail to accused after extension to file charge-sheet granted five times in ‘routine manner’

The Special Judge had deprived the accused from their indefensible right to default bail as the orders granting extension to file the charge-sheet were passed in routine manner, without considering the provisions of Section 21(2)(b) of MCOCA in its true perspective and without enforcing the statutory duty of ‘application of mind’ by the Public Prosecutor.

Case Briefs High Courts

Husband’s friend not a ‘relative’ under Section 498-A IPC: Bombay High Court

The husband’s friend tried to convince him that if his demands are not fulfilled then he shall not cohabit with his wife and shall send her to her paternal home.

Case Briefs High Courts

‘Adverse Police Report unsustainable’; Bombay HC sets aside order denying furlough to prisoner pending conviction in another NDPS case

The Court opined that Deputy Inspector General Prison committed gross error by relying on Notification dated 2-12-2024 and by not applying his mind while passing the order.

Case Briefs High Courts

‘No disturbance to public peace’: Bombay HC quashes FIR against men allegedly accused of committing affray

It is submitted that though there was fighting at public place, due to that fighting, there was no disturbance to the public peace, which is an essential ingredient of Section 159 of Penal Code, 1860. Therefore, as there is no breach/disturbance to the public peace, no offence is made out.