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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Arjun Jalba Ichke – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. jurisdiction and procedural history of the appeal. (Para 1 , 2 , 4) |
| 2. details of the offenses related to the appellant. (Para 3) |
| 3. arguments regarding bail and prosecution delays. (Para 5 , 6 , 8) |
| 4. conditions set forth for granting bail. (Para 9 , 10 , 11 , 12) |
ORDER :
1. Leave granted.
2. This appeal challenges the judgment and order dated 29.01.2024 passed by the High Court of Judicature at Bombay in Bail Application No.2898/2023.
3. The appellant Arjun Jalba Ichke has been facing trial in connection with a crime registered pursuant to First Information Report No.213/2021 dated 06.07.2021 lodged with Police Station Vashi, District Navi Mumbai, in respect of offences punishable under Sections 376 and 354 of the INDIAN PENAL CODE , 1860, along with Sections 4 , 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act").
4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 29.01.2024, the appellant has preferred the instant appeal.
5. This Court vide its order dated 25.09.2024, issued notice in the instant matter. Heard learned counsel for the appellant in support of the appeal and le
The court balanced the progress of trial and the applicant's liberty, considering the completion of witness examination, absence of criminal record, and the risk of COVID-19 in jail, to grant bail wi....
Bail is the rule and jail is the exception; denial of bail must be justified by exceptional circumstances.
The main legal point established in the judgment is the presumption of innocence, the importance of considering delay in trial when granting bail, and the need for a humane attitude in dealing with b....
Bail applications in serious offences require substantial change in circumstances since prior rejections, considering the nature of accusations and risk factors.
While exercising appellate jurisdiction, a court may deny the suspension of a sentence for offenses against minors but grant bail with strict conditions to ensure the applicant remains within the jur....
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
Inordinate trial delay due to prosecution's witness non-production constitutes change in circumstances for successive bail, violating Article 21 speedy trial right and entitling release despite offen....
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