Appliants, recovery agents for HDFC Bank, challenged their arrest for theft of a vehicle. Court granted bail allowing release on personal bond upon arrest under Section 379 IPC.
Applicants to be released on bail on execution of personal bond of Rs. 10,000 each with one or two sureties upon arrest under Section 379 IPC.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 2336 OF 2009
The State of Maharashtra ........Respondent.
Mr. S.B. Shirsat adv. for the Applicant Mr. Rajesh More APP. for the Respondent/State.
CORAM: A. P DESHPANDE, J. DATED : 27th July, 2009.
P. C.:
the vehicle by the borrower in favour of the complainant is impermissible in law as the vehicle stands in the name of the bank on its hypothication. It is also submitted that the vehicle in question has been already surrendered to police and hence custodial interrogation of the applicants is not necessary. The applicants were already granted interim bail by this court vide order dated 13-7-2009. Having regard to the facts and circumstances, I am of the clear view that the applicants need to be released by allowing the present application. In the result I pass the following order.
3 issues framed by the court
Whether bail should be granted to applicants accused of theft under Section 379 IPC who are bank loan recovery agents acting purportedly under authority.
Whether custodial interrogation is necessary given the vehicle has already been surrendered to the police.
Whether the applicants should be released on bail pending arrest under Section 438 Cr.P.C.
Sanjay Krishna Gholap
Nitin Sukhdev Khandekar
The State of Maharashtra
A. P Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
