Prakash Govindrao Burgute v. the State of Maharashtra and Ors.
Case brief
What is this about?
The High Court dismissed an application for cancellation of anticipatory bail. The court held that the investigating officer's delay in seeking custody over a year after bail was granted undermined the necessity for immediate police custody, rendering the cancellation application erroneous.
What did the court decide?
Application for cancellation of anticipatory bail was not allowed.
What the court decided
A-143-12
skc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 143 OF 2012
Dr. Prakash Govindraoburgute .. Applicant Vs. The State of Maharashtra & Ors. .. Respondents
Mr. Harshad Sathe i/b. Mr. H. V. Bhadbhade for Applicant. Mr. S. A. Shaikh - APP for State – Respondent No. 1. Ms. Shweta Sangtani i/b. Mr. Niranjan Mundargi for Respondent No. 2.
CORAM : A. H. JOSHI, J.
DATED : 9TH APRIL, 2013.
1] This is an application for cancellation of anticipatory bail.
2] It is seen that initially when the application for anticipatory bail heard before Sessions Court, the investigating officer had set up a plea that he wants custody of the accused persons for interrogation and in that background anticipatory bail should not be granted.
3] Though the order granting anticipatory bail is passed on 12.10.2011, and more than one year has elapsed, at no point of time the investigating officer has taken any steps to move for cancellation of anticipatory bail to pursue his need of custodial interrogation.
Issues for consideration
1 issue framed by the court
Whether an application for cancellation of anticipatory bail is maintainable when the investigating officer takes more than a year to move for custody without seeking it earlier.
Parties & counsel
- applicant
Dr. Prakash Govindraoburgute
- respondent
The State of Maharashtra
Coram
A. H. Joshi
Case details
As recorded by the court registry
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