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Showing posts from July, 2025

Pre-Arrest Medical Examination and the 24-Hour Rule: Judicial Clarification by the Bombay High Court

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Pre-Arrest Medical Examination and the 24-Hour Rule: Judicial Clarification by the Bombay High Court By Abhishek Jat, Advocate The Bombay High Court, in the case of Hanumant Jagganath Nazirkar v. State of Maharashtra (Writ Petition No. 54 of 2025), delivered a landmark judgment clarifying the legal position regarding the computation of the 24-hour period within which an arrested person must be produced before a magistrate. The Division Bench, comprising Justice M.S. Sonak and Justice Jitendra Jain held that the time spent in pre-arrest medical examination cannot be excluded from this statutory timeline, and any detention exceeding 24 hours without judicial authorization is illegal. Factual Background The petitioner, Hanumant Jagganath Nazirkar, a 58-year-old retired individual, was implicated in a case involving allegations of cheating, forgery, and dishonest misappropriation of a substantial sum. After the rejection of his anticipatory bail by both the High Court and subsequently the ...

Madhya Pradesh High Court Reclassifies Murder Conviction as Culpable Homicide Not Amounting to Murder

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Madhya Pradesh High Court Reclassifies Murder Conviction as Culpable Homicide Not Amounting to Murder By Abhishek Jat, Advocate Citation: X v State of Madhya Pradesh , Madhya Pradesh High Court, Judgment dated 1 July 2025 Coram: Justice Vijay Kumar Shukla and Justice Prem Narayan Singh Case Background The Madhya Pradesh High Court recently adjudicated upon an appeal concerning the conviction of an individual for the death of his wife following a domestic altercation. The appellant, convicted by the trial court under Section 302 of the Indian Penal Code (IPC) for murder and sentenced to life imprisonment, challenged the verdict, asserting the absence of intent to kill. Factual Matrix The incident originated from a domestic dispute over a monetary demand. The appellant, in a heated exchange with his wife, physically assaulted her and subsequently inflicted a fatal head injury using a brick. Witness testimonies indicated that the altercation was spontaneous, escalating rapidly wit...