Allowed

Laxmibai Baliram Jadhav v. the State of Maharashtra

Bombay HC27 Nov 2012ABA/955/2012

Case brief

AI extract

What is this about?

Allowed the anticipatory bail application under Section 438 CrPC. Confirmed interim order and allowed liberty to the investigation agency to apply for cancellation upon receipt of expert opinion on signature authentication.

What did the court decide?

Anticipatory bail allowed; interim order confirmed; liberty granted to investigation agency to apply for cancellation of bail upon receipt of expert opinion.

Laxmibai Baliram Jadhav Vs the State of Maharashtra — Bail and Remand | Bombay HC (2012)

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ABA955

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE

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CRIMINAL APPLICATION NO. 955 OF 2012 (For Anticipatory Bail)

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SOU. LAXMIBAI BALIRAM JADHAV.. APPLICANT

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VERSUS

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THE STATE OF MAHARASHTRA .. RESPONDENT

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Mr. R. V. Bansode, Advocate for the applicant Mrs. M. R. Tidke, APP for the State

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CORAM:-ABHAY M. THIPSAY, J. DATED : 27/11/2012

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P.C.

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Heard Mr. Bansode, the learned counsel for the

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applicant, Mrs. Tidke, learned Addl. Public Prosecutor and Investigating Officer, who is present in the court.

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The major controversy is about whether the signatures

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purporting to be of the applicant on the reverse of the bearer

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cheques, are that of the applicant. According to the applicant

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these signatures are not her signatures. The investigating officer submits that the opinion about the identity of the signatures is being sought for from an expert.

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Basically the transaction appears to be of a civil nature. There is no point in unnecessarily keeping this application for anticipatory bail pending for a further time.

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After hearing the learned counsel for the applicant, learned APP and the investigating officer, it seems proper to dispose of the anticipatory bail application as follows:

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The application is allowed.

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The interim order passed on 10/10/12 is confirmed.

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However, liberty is granted to the investigating agency to

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apply for the cancellation of anticipatory bail granted to the applicant on receipt of the opinion of the handwriting expert.

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Such application for cancellation of bail shall be preferred in

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the Court of Sessions after giving at least 48 hours previous

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notice in writing to the applicant.

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In the event of such an application being filed, the Court of Sessions shall consider the same on merits without being influenced by the fact that previously the applicant had been granted anticipatory bail by this court.

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The application is disposed of.

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(ABHAY M. THIPSAY, J.)

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md.saleem

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Laxmibai Baliram Jadhav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Laxmibai Baliram Jadhav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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