Single judge dismissed an anticipatory bail application, rejecting vague allegations of police harassment and money demands as lacking specific sworn averments necessary to warrant judicial intervention.
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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Cri.Appl.No.1011 of 2012
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1011 OF 2012
Shaikh Ayyazbhai S/o.Shaikh Abdul Salam, Age-36 years, Occu-Electrician, R/o.Islampur, Tq. And Dist. Beed.
APPLICANT
VERSUS
The State of Maharashtra
RESPONDENT
Mr.M.A.Tandale, learned advocate for the applicant. Mr.S.B.Pulkundwar, learned A.P.P. for respondent/State.
(CORAM : A.H.JOSHI, J.)
DATE : 21/03/2012
PER COURT :
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Cri.Appl.No.1011 of 2012
contained in clause (a) of foregoing para, the averment is shown by learned advocate at page no.7 of the application, which reads as follows :
During this entire period i.e. from 24/03/2011 to 23/02/2012, applicant was given threats of arrest and he was asked to cough money. This is nothing but an attempt of policy machinery to entangle applicant in a false case and depicts a grim picture about manner in which it functions. Hence, it is high time for this Hon’ble Court to exercise power under Section 438 of Cr.P.C. for protection of Right to Liberty guaranteed by Constitution of India.”
(Quoted from page no.7 of the application)
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Cri.Appl.No.1011 of 2012
khs/MARCH 2012/1011-12
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail given vague allegations of police harassment and money demands.
Whether unsubstantiated oral submissions alleging police entrapment warrant court intervention under Section 438 Cr.P.C.
1 provisions across 1 enactments
Shaikh Ayyazbhai S/o Shaikh Abdul Salam
The State of Maharashtra
A.H. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
