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    <title>2009 (5) TMI 117 - HIGH COURT OF DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=48460</link>
    <description>Preventive detention of a person already in custody is sustainable only if the detaining authority knows of the custody and records cogent material showing a real likelihood of imminent release on bail, followed by likely prejudicial conduct. On the stated facts, repeated rejection of bail, the detenu&#039;s serious illness and hospitalization, and the absence of material supporting imminent bail meant the satisfaction that release was likely was unsupported and amounted to mere ipse dixit. Reliance on Section 437(6) of the Code of Criminal Procedure, 1973 was also unavailable because it was not reflected in the detention record and the relevant stage had not arisen. The detention order was therefore set aside.</description>
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    <pubDate>Thu, 28 May 2009 00:00:00 +0530</pubDate>
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      <title>2009 (5) TMI 117 - HIGH COURT OF DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=48460</link>
      <description>Preventive detention of a person already in custody is sustainable only if the detaining authority knows of the custody and records cogent material showing a real likelihood of imminent release on bail, followed by likely prejudicial conduct. On the stated facts, repeated rejection of bail, the detenu&#039;s serious illness and hospitalization, and the absence of material supporting imminent bail meant the satisfaction that release was likely was unsupported and amounted to mere ipse dixit. Reliance on Section 437(6) of the Code of Criminal Procedure, 1973 was also unavailable because it was not reflected in the detention record and the relevant stage had not arisen. The detention order was therefore set aside.</description>
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      <pubDate>Thu, 28 May 2009 00:00:00 +0530</pubDate>
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