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Mohit Khandelwal & Associates
Brief Facts The Appellant was arrested by Enforcement Directorate for commission of offence under the PMLA. The Appellant filed the Petition challenging his arrest and sought declaration that his arrest was illegal and violative of the fundamental rights guaranteed to the appellant under Articles 14, 20 and 21 of the Constitution of India, and seeking...
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Brief Facts The Appellant was an Inspector of the Police Station where the FIR was registered against the accused therein for offence under sections 376, 506 of I.P.C and sections 3 and 4 of POCSO Act. The FSL Report was forwarded to the appellant with a note that DNA examination as per guidelines be undertaken....
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Brief Facts A search and seizure action under Section 132 of Income Tax Act, 1961 was carried out against a person named Suryakant Tiwari and FIR was lodged against him for the offenses under Sections 186, 204, 120-B and 353, 384 of IPC. Subsequently, the Appellant was arrested in the said FIR. Thereafter, the ED...
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Brief Facts The High Court had rejected the anticipatory bail application filed by the accused. Thus, feeling aggrieved by the same, the accused-appellant approached the Supreme Court. Issues Whether the Courts should peruse the evidence in detail while deciding bail applications? Whether reserving the orders in bail application is contradictory to fundamental rights? Held The...
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Brief Facts The appellant has been charged for alleged commission of offences under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appeal was preferred before the Apex court against the impugned order dismissing the bail application of the applicant primarily on the ground that the co-accused who was earlier released on...
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Brief Facts The Appellant was an accused for an offence under section 4 of the PMLA and had approached the Apex Court seeking bail. It was alleged that the Appellant is in possession of Rs. 30 Lakhs in his bank account which was received through an illegal act. The Appellant contended that the said money...
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Brief Facts The appeal was filed by the Original Complainant, uncle of the minor prosecutrix, challenging the bail granted to the accused who was alleged of gang-raping a minor girl in a hotel and had also prepared the video of the incident. Thereafter, the accused raped the prosecutrix on several occasions by threating her to...
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Brief Facts The Appellant/prosecutrix filed a complaint alleging that the Respondent No.2/accused lured her under the garb of offering her some modelling assignments and then forced himself upon her and raped her in a hotel room where she was staying. The police had intentionally removed a vital portion of her statement while recording the FIR...
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Brief Facts The Accused were arrested on 14.05.2020 for alleged commission of offence under Section 3 of the Prevention of Money Laundering Act, 2002 (‘PMLA’) and were remanded on the same date. On 11.07.2020 through e-mail, the Enforcement Directorate (‘ED’) claimed to file a Complaint and subsequently on 13.7.2020, i.e., a Monday, a physical copy...
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Brief Facts Appellant approached the Supreme Court challenging the order granting the bail to the Private Respondent who is an accused for the offence under Section 302 I.P.C and under the Arms Act. Issues Factors to be considered by a Court while deciding a bail application in the cases pertaining to heinous offences. Held The...
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