https://www.taxtmi.com/caselaws?id=469693 A discharge refusal cannot stand where the record shows no prima facie material linking the accused to the alleged custodial assault, no contemporaneous evidence that he directed the suspects to the police station or knew of their detention, and no basis to infer participation or common intention. The Bombay HC found the impugned order cryptic and unreasoned, relying on an inadequate appraisal of the material, including departmental inquiry material and witness statements. It also held that the applicant was similarly placed to the co-accused who had already been discharged. The rejection of discharge was therefore unsustainable, and the discharge order was set aside in the applicant's favour. en-us Thu, 21 Nov 2024 00:00:00 +0530 Mon, 29 Jun 2026 20:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=469693 A discharge refusal cannot stand where the record shows no prima facie material linking the accused to the alleged custodial assault, no contemporaneous evidence that he directed the suspects to the police station or knew of their detention, and no basis to infer participation or common intention. The Bombay HC found the impugned order cryptic and unreasoned, relying on an inadequate appraisal of the material, including departmental inquiry material and witness statements. It also held that the applicant was similarly placed to the co-accused who had already been discharged. The rejection of discharge was therefore unsustainable, and the discharge order was set aside in the applicant's favour. Case-Laws Indian Laws Thu, 21 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=469693