Remanded

Mrs. Sumitra W/O Dnyneshwar Thakare v. State of Maharashtra, Crime No. 131/2011, P.S.O. P.S. Immamwada

Bombay HC19 Mar 2012ABA/63/2012

Case brief

AI extract

What is this about?

This court cancelled interim anticipatory bail, holding that the trial court, in seisin of the case after the charge sheet was filed, should decide bail on merits following surrender by the applicant.

What did the court decide?

Interim anticipatory bail cancelled; liberty to move trial court for bail on merits upon surrender within one week.

Mrs. Sumitra W/O Dnyneshwar Thakare Vs State of… — Anticipatory Bail | Bombay HC (2012)

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193aba63.12.odt 1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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CRIMINAL APPLICATION (ABA) NO.63 OF 2012 (Mrs. Sumitra w/o. Dnyaneshwar Thakare .vs. State)

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Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

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..................................................................................................................................................................... Mr.A.K.Bhangde, Adv. for the applicant. Mr.A.M.Joshi, A.P.P. for the respondent/State.

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CORAM : A.P. BHANGALE, J . DATED : 19th March, 2012.

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Heard.

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On 14.2.2012, this Court had granted interim anticipatory bail to the applicant directing that, in the event of arrest of the applicant, she be released on bail on her furnishing bail bond in the sum of Rs.15,000/- with one solvent surety in the like amount or cash deposit in the sum of Rs. 15,000/- in lieu of surety. This order was operative upon arrest of the applicant by Police Station, Immamwada, Nagpur in Crime No.131 of 2011 reported u/ss.419, 420, 409, 465, 467, 469, 471 r/w. Section 34 of the Indian Penal Code. The learned Advocate for the applicant submitted that this application was filed long back on 10.2.2012 and the applicant had attended the Police Station and also furnished bail bonds. This statement is

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disputed by the learned A.P.P. under instructions from the Investigation Officer, who is present in the Court. The learned A.P.P. also opposed grant of bail on merits pointing out the contentions in reply filed on behalf of the State.

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The learned Advocate for the applicant made a reference to the ruling in the case of Abdul Hamit Ansari and Ors. vs. State of Maharashtra reported in 2000 SCC (Cri) 1505 , which appears to be an order below Criminal Appeal arising out of Special Leave Petition. The Apex Court, after grant of leave, had disposed of the appeal directing the appellants therein to surrender before the police and the Investigating Officer was also directed to complete the interrogation of the appellants and thereafter, to release the appellants/applicants on bail subject to satisfaction of the Investigating Officer concerned. Thus, conditional bail was granted with liberty to the Investigating Officer or even to the aggrieved person to move the Court u/s. 439(2) of the Code of Criminal Procedure for cancellation of bail.

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In the instant case, looking to the fact that the charge-sheet is already laid before the trial Court and the argument that some of the co-accused have been granted regular bail and some of them were granted anticipatory bail, I think that the learned trial Judge can, who is in seisin of the case,

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now consider the merits of the material placed before him and examine merits of the plea.

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With these observations, the interim anticipatory bail dt.14.2.2012 granted in favour of the applicant stands cancelled with liberty to the applicant to move the trial Court with a plea for grant of bail on merits. If such an application is filed, the trial Court shall decide the same after the applicant surrenders before it and submits herself to the custody of the trial Court within one week of passing of this order.

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JUDGE

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jais

Mrs. Sumitra W/O Dnyneshwar Thakare v. State of Maharashtra, Crime No. 131/2011, P.S.O. P.S. Immamwada

Case brief

What is this about?

What did the court decide?

Mrs. Sumitra W/O Dnyneshwar Thakare v. State of Maharashtra, Crime No. 131/2011, P.S.O. P.S. Immamwada

Case brief

What is this about?

What did the court decide?

What the court decided

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