The High Court of Bombay dismissed an application for anticipatory bail in an Atrocities Act case. The court held that anticipatory bail cannot be granted and allowed the applicant to press for relief in a pending Division Bench petition.
Applicant at liberty to press for relief in pending Division Bench petition.
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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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1622 OF 2006
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Office notes, office MemorandaCourt’s or Judge’s orders.
of Coram, appearance, Court’s
orders or directions and
Registrar’s orders.
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Mr.S.R.Gahabavle for the Applicant.
Mr.Y.S.Shinde, APP. for the State.
CORAM : R.S. MOHITE,J.
DATED : 14/6/2006.
P.C.
1. This is an application for grant of
anticipatory bail. The offence is
under Attrocities Act and therefore,
anticipatory bail cannot be granted.
The applicant has filed separate
petition bearing No.924 of 2006 which
is pending before the Division Bench
and in that petition he has made prayer
that he should not be arrested. The
Division Bench has not granted any
relief in the said petition. Hence,
this application is dismissed. It is
made clear that the applicant is at
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liberty to press for the relief as
prayed for in the said petition
notwithstanding the dismissal of this
application.
(R. S. MOHITE, J.)
3 issues framed by the court
Whether anticipatory bail can be granted in cases under the Atrocities Act
Whether dismissal of this application prejudices the applicant's liberty to seek relief in the pending Division Bench petition
Whether the applicant is at liberty to press for relief notwithstanding dismissal
1 provisions across 1 enactments
S.R. Gahabavle
State
R. S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court