Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
Right to Promotion is Legitimate Expectation; Marriage-Based Transfer Can't Defeat It: Himachal Pradesh High Court
12 Mar 2026
Section 4 Official Secrets Act Presumption and Prima Facie Evidence Bar Bail in Espionage Case: Punjab & Haryana HC
14 Mar 2026
Centre Revokes Wangchuk's NSA Detention Amid SC Challenge
14 Mar 2026
No Interference Allowed in Religious Prayers on Private Premises: Allahabad HC Cites Maranatha Precedent
14 Mar 2026
No Proof of Absolute Ownership by Mizo Chiefs Bars Fundamental Rights Claim Under Article 31: Supreme Court
14 Mar 2026
URMILA JOSHI-PHALKE
Adarsh, s/o. Anil Khare – Appellant
Versus
State of Maharashtra, thr. PSO PS Sitabuldi, Nagpur – Respondent
Headnote: Read headnote
JUDGMENT :
(Urmila Joshi-Phalke, J.)
1. By this application, the applicant seeks regular bail in connection with Crime No.397/2020 registered with the non- applicant/police station for offences punishable under Sections 143, 144, 147, 148, 149, 302, 341, 120-B, 201 and 212 of the Indian Penal Code read with 3/25 and 4/25 of the Indian Arms Act and 135 of the Bombay Police Act and 3 of the Maharashtra Control of Organised Crime Act, 1999 (the MCOC Act).
2. The applicant is arrested on 28.9.2020 and since then he is in jail.
3. The crime is registered on the basis of a report lodged by Police Constable Anil Lande alleging that when he was performing his duties on 26.9.2020, at around 4:15 pm, two unknown persons informed that a car driver is being assaulted by five assailants at Bhole Petrol Pump Square. Accordingly, he rushed to the spot immediately and found a person lying on the road beside Hyundai Verna Car bearing Registration No.MH-49/AS/200 and his clothes were stained with blood. He had sustained various injuries all over the persons. Upon ins
The court ruled that the applicant's involvement in organized crime and conspiracy to commit murder, supported by substantial evidence, justified the rejection of bail under the MCOC Act.
The main legal point established is the court's discretion to grant bail despite statutory restrictions under the MCOC Act, based on the constitutional right to a speedy trial and the lack of direct ....
The main legal point established in the judgment is the need to strictly construe the provisions of MCOCA, establish the mens rea, and consider the length of the period spent in custody and the unlik....
The MCOC Act can be applied to individuals involved in organized crime based on their nexus with a crime syndicate, even if they are implicated in a single case, provided there is sufficient evidence....
The right to a speedy trial must be balanced against the gravity of the offence and potential risks to public safety, even in cases of prolonged judicial custody.
The court's decision emphasized the interpretation of MCOCA provisions and the satisfaction of bail conditions under Section 21(4) of MCOCA.
The court held that the evidence presented indicates substantial involvement of the applicant in a murder conspiracy linked to organized crime, justifying denial of bail under MCOCA.
State of Maharashtra vs. Jagan Gagansingh Nepali @ Jagya
-
Read summaryPrasad Shrikant Purohit vs. State of Maharashtra
-
Read summaryState of Maharashtra vs. Lalit Somdatta Nagpal
-
Read summaryRanjitsing Brahmajeetsing Sharma vs. State of Maharashtra
-
Read summaryState of Maharashtra vs. Shiva @ Shivaji Ramaji Sonawane
-
Read summaryNarendra Singh vs. State of Madhya Pradesh
-
Read summaryState (NCT of Delhi) vs. Navjot Sandhu alias Afsan Guru
-
Read summaryUnion of India vs. K.A.Najeeb
-
Read summaryHussainara Khatoon (I) vs. Home Secretary, State of Bihar
-
Read summaryThana Singh vs. Central Bureau of Narcotics
-
Read summaryKalyan Chandra Sarkar vs. Rajesh Ranjan alias Pappu Yadav and anr
-
Read summaryState of Tamil Nadu vs. S.A.Raja
-
Read summaryState of M.P. vs. Kajad
-
Read summaryHari Singh Mann vs. Harbhajan Singh Bajwa
-
Read summaryGurwinder Singh vs. State of Punjab and Anr
-
Read summary
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.