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M. V. MURALIDARAN
Md. Hassan – Appellant
Versus
Officer-in -charge, Women Police Station – Respondent
JUDGMENT
1. This petition has been filed by the petitioner under Section 439 Cr.P.C to enlarge him on bail in connection with the Special Trial (POCSO) Case No.8 of 2019/14/2020 with reference to FIR No.19(08)2018 on the file of the Fast Track Special Court No.2, Manipur.
2. The case of the prosecution is that on 16.8.2018 at 5.10 p.m., the complainant reported to the Officer-in-Charge of Heingang Police Station that his daughter was kidnapped from his house by the petitioner to be his wife without her consent and she was kept concealed in collusion with the family members of the petitioner. Upon receipt of the complaint, the Officer-in-Charge of Heingang Police Station forwarded the said complaint to the Officer-in- Charge of Women Police Station, Imphal East and the Women Police Station registered the FIR bearing FIR No.19 of 2018 against the petitioner under Section 366A/34 IPC and Section 4 of POCSO Act, 2012 on 05.12.2019. The petitioner was arrested on 5.2.2019 and after investigation, the investigating officer has filed charge-sheet against the petitioner before the Fast Track Special Court No.2, Manipur and cognizance was taken as Special Trial (POCSO) Case No.8 of 2019.
3. Mr
The main legal point established in the judgment is the presumption of innocence, the importance of a speedy trial, and the humane treatment of the accused. The court emphasized the principles of bai....
The main legal point established in the judgment is the discretion of the court in granting bail, considering the severity of the offence, medical grounds, and delay in trial, while emphasizing the p....
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....
The discretion to grant bail lies with the judge, considering the severity of the offence, the presumption of innocence, and the right to speedy trial. Humane treatment of prisoners with ailments is ....
The main legal point established in the judgment is the requirement of sexual intent for the offence of sexual harassment under the POCSO Act, the presumption of innocence until proven guilty, and th....
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....
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
The court established that the denial of bail should not serve as a pre-trial punishment and emphasized the importance of the accused's right to liberty and a speedy trial.
The delay in concluding the trial, the presumption of innocence, and the lack of prima facie evidence were central to the court's decision to grant bail to the petitioner.
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
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