High Court rejected an application for anticipatory bail because the presence of advocates accompanying the accused necessitates custodial interrogation to clarify their role.
Application for grant of anticipatory bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1110 OF 2006
Anil Baburao Shinde and ors.
Vs.
State of Maharashtra.
..Applicants.
..Respondent.
Mr. Uday Warunjikar for the Applicant.
Mr.R.Y. Mirza, APP. for the State.
CORAM : R.S. MOHITE,J.
DATED : 19/6/2006.
P.C.
1. This is an application for grant of anticipatory
bail. The applicants are shown as an accused in
C.R.No.27/2006 registered by Satpur Police Station,
Nashik for offences punishable under Section-385, 366,
452, 504 and 506 read with Section 34 of the I.P.C. I
have perused the F.I.R. lodged by one Yogesh Bhavar a
young boy of aged 21 years, F.I.R. indicates that
Advocate by name Parveen Irani met the complainant and
obtained his signatures on several documents under
duress. Three incidents dated 31.1.2006, 7.2.2006 and
8.2.2006 are mentioned in the F.I.R. The present
applicants are said to be present alongwith Advocate
Parveen Irani. On 31.1.2006 they have said to have
threatened the complainant. So also on 8.2.2006 he was
threatened to effect signatures on certain documents.
The case of the present applicants is par with one
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Thawrani who was refused anticipatory bail. The
question as to why these persons accompanied accused
No.1 is a matter which requires custodial interrogation.
Hence, application is rejected.
(R. S. MOHITE, J.)
1 issue framed by the court
Whether anticipatory bail should be granted when the presence of advocates accompanying the accused raises questions requiring custodial interrogation.
1 provisions across 1 enactments
Anil Baburao Shinde
State of Maharashtra
R.S. MOHITE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court