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Showing posts with the label Mastering Bail cases

Case Summary: Vishal @ Paiwala v. The State (Govt. of NCT of Delhi) : Provides a critical examination of the principles governing regular bail in cases involving heinous offences

This judgment from the High Court of Delhi provides a critical examination of the principles governing regular bail in cases involving heinous offences and the doctrine of common intention . Case Overview Case Number: BAIL APPLN. No. 2883/2025 . Court: High Court of Delhi . Judge: Hon’ble Ms. Justice Neena Bansal Krishna . Date of Decision: October 8, 2025 . Primary Statutes: Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); Bharatiya Nyaya Sanhita, 2023 (BNS); and the Arms Act . Factual Background The incident occurred on September 4, 2024, at Narela, Delhi, following a dispute over a debt of Rs. 20,000/- . The main accused, Deepak @ Jitender, allegedly shot and killed one individual (Manish) and injured two others . The applicant, Vishal @ Paiwala, was not named in the initial FIR but was identified through CCTV footage and subsequent witness statements . While the applicant argued his role was limited to a separate physical altercation (slapping a witness named Abhishek), the pr...

Justice Prevails: Delhi HC Grants Bail in MCOCA Case After 9 Years of Undertrial Custody ; Jitender Dixit @ Bantu v. State (NCT of Delhi)

  In a significant judgment reinforcing the right to personal liberty and speedy trial, the Delhi High Court granted regular bail to Jitender Dixit @ Bantu in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA), 1999 . The court observed that nearly nine years of undertrial custody without substantial trial progress was unconstitutional . 🕵️‍♂️ The Case at a Glance: FIR No. 55/2016 , registered under Sections 3(1), 3(4), and 3(5) of MCOCA. Accusations: Member of the “Manoj Morkheri” gang, allegedly involved in a syndicate carrying out extortion, murder, kidnapping, and organized crimes. Dixit was arrested in May 2016 and remained in custody ever since. The trial is still pending , with only 35 out of 60 witnesses examined as of May 2025. 👨‍⚖️ Applicant’s Argument: Advocate Tarun Gahlot argued that: The prolonged incarceration violates Article 21 (Right to Liberty) . There is no evidence of "continuing unlawful activity...