Disposed

Namdev Dnayndev Patil and Ors. v. the State of Maharashtra and Anr.

Bombay HC8 Oct 2013ABA/1119/2013

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay granted transit anticipatory bail to applicants facing charges under various IPC sections. Due to local lawyers being unavailable, the court ordered release on personal bond if arrested, subject to the order expiring once lawyers resume work and a subsequent application can be filed in the Sessions Court.

What did the court decide?

Anticipatory bail granted as transit bail on personal bond and solvent surety of Rs. 10,000/- each, subject to specific conditions regarding investigation and duration linked to lawyers' availability.

Namdev Dnayndev Patil and Ors. Vs the State of Maharashtra… — Anticipatory Bail | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1119 OF 2013

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Namdev Dnyandev Patil & Ors. .. Applicants. Vs. State of Maharashtra & Anr. .. Respondent.

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Mr. Rahul S. Kadam for the applicants. Ms. A. A. Mane APP for the State.

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CORAM : A. H. JOSHI, J.

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DATED : 8TH OCTOBER, 2013.

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Heard.

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The brief background is as follows:-

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Crime No.147 of 2013 is registered by Shahuwadi Police Station, Kolhapur against the applicants for offence punishable under Sections 143, 147, 149, 323, 504, 506 of the Indian Penal Code. Learned Advocate for the applicants state that subsequently section 392 of IPC has also been added. Even there is cross case registered as Crime No.148 of 2013.

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Applicants are not in a position to file the application for anticipatory bail before Sessions Court, because the lawyers at Kolhapur are not working in the Court. Considering the peculiar situation, this Court considers this application on the lines and principles of transit anticipatory bail.

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Therefore without going into the merits, this Court passes following order:-

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(A) In the event of arrest of the applicants in furtherance to Crime No.147 of 2013 registered by Shahuwadi Police Station, DistKolhapur, the applicants be released on bail on furnishing personal bond and solvent surety in the sum of Rs.10,000/- each (Rupees Ten Thousand).

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(B) As far as investigation is concerned, the applicants shall appear before the Investigating Officer on 14th, 15th and 16th October, 2013 between 3 pm to 5 pm and thereafter as and when notified by him by a notice.

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(C) The applicants shall furnish on their first attendance before I.O. the postal address, cell phone number, landline number and name of contact person for sending message and/or information in the event the Investigating Officer requires personal attendance of the applicants for the purpose of investigation in future.

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(D) This ad-interim anticipatory bail is granted like a transit bail.

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(E) This order shall come to end after two weeks from the date on which Lawyers at Kolhapur shall resume to work.

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(F) Investigating Officer shall give to applicant 48 hour's notice excluding public holidays if after the date when Lawyers resume work and investigating officer wants to arrest the applicants.

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(G) In the event application for anticipatory bail application is filed in Sessions Court after Lawyers start working, learned Sessions Judge shall hear and decide the anticipatory bail application on its own merit and without being influenced due to fact of this order.

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Application is disposed of.

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(A. H. JOSHI, J.)

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Namdev Dnayndev Patil and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Namdev Dnayndev Patil and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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