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1 - 10 of 10 (0.32 seconds)Section 307 in The Indian Penal Code, 1860 [Entire Act]
Gautam Navlakha vs National Investigation Agency on 12 May, 2021
8. Mr.Thiruvadi Kumar, learned Additional Public Prosecutor, placed
strong reliance on the judgments of the Supreme Court in Serious Fraud
Investigation Office v. Rahul Modi & Another [(2019) 5 SCC 266] and Gautam
Navlakha v. National Investigation Agency, [(2021) SCC Online SC 382], and
submitted that, Muthuramalingam should have to seek bail.
P.K. Shaji @ Thammanam Shaji vs State Of Kerala on 27 October, 2005
(iv) On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against
the petitioner in accordance with law as if the conditions have been
imposed and the petitioner released on bail by the learned
Magistrate/Trial Court himself as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];”
Article 226 in Constitution of India [Constitution]
Section 167 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
State Of U.P vs Shambhu Nath Singh And Ors on 29 March, 2001
“19. Accordingly, all the criminal appeals will stand allowed
and the judgments in S.C.Nos.27 and 28 of 2007 on the file of the
Additional District Sessions Court, Paramakudi, Ramanathapuram
District, are set aside and both the sessions cases will stand remitted
to the trial Court for a joint trial with a direction to the trial Court to
conduct a joint trial of both the cases. Considering the fact that the
occurrence took place in the year 2006 and the trial was concluded
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H.C.P.(MD) No.1071 of 2022
in the year 2020, we direct the trial Court to complete the trial within
a period of three months from the date of receipt of the records from
this Court. It is made clear that the accused persons shall co-operate
with the trial Court in concluding the trial within the period fixed
above. The accused persons are at liberty to move the trial Court
seeking bail and the trial Court will consider the bail applications
sympathetically in the light of the fact that a re-trial has been
directed by this Court. If the trial Court finds that the appellants
adopt dilatory tactics, it will be open to the trial Court to ensure their
presence by recalling the bail orders and remanding them to custody
as pointed out by the Hon'ble Supreme Court in State of Uttar
Pradesh vs. Shambhu Nath Singh reported in AIR 2001 SC 1403.”
2.13. It is the grievance of Muthuramalingam that, after his appeals were
allowed by the Division Bench as stated above, he should have been released
from custody and his further detention in the prison for these two cases, namely,
Abiramam Police Station Crime Nos.53 of 2006 and 54 of 2006 is illegal and
therefore, he has filed the present habeas corpus petition.
Section 362 in The Code of Criminal Procedure, 1973 [Entire Act]
Serious Fraud Investigation Office vs Rahul Modi on 27 March, 2019
9. However, we pointed out to Mr.Thiruvadi Kumar that,
Muthuramalingam is not in the prison now pursuant to an order passed either
under section 167 or 309 IPC, but is in the prison as a convict prisoner, based on
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H.C.P.(MD) No.1071 of 2022
the conviction warrant issued by the Trial Court for undergoing the sentence
imposed upon him on 23.09.2020. Therefore, on facts, Rahul Modi and Gautam
Navlakha (supra) would not apply to the case on hand.
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