The High Court granted transit anticipatory bail to the applicant who could not file an application in the Sessions Court because lawyers were not working. The bail is valid for two weeks or until lawyers resume work.
Ordered release on bail with personal bond and solvent surety of Rs.15,000/- subject to transit bail conditions.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.973 OF 2013
Indrajeet Dinkarrao Salgar .. Applicant. Vs. Mohammed Hanif Yusuf Thodage & Anr. .. Respondents.
Mr. Ruturaj P. Pawar i/b Shriniwas S. Patwardhan for the applicant. Mr. A. R. Kapadnis i/b Yashashree Mundhe for respondent no.1. Ms. A. A. Mane for the State.
CORAM : A. H. JOSHI, J.
DATED : 7TH OCTOBER, 2013.
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in furtherance to Complaint No.11 of 2013 under sections 171, 193, 199, 200, 420 and 467 in the Court of Judicial Magistrate First Class at Kolhapur, the applicant be released on bail on furnishing personal bond and solvent surety in the sum of Rs.15,000/- (Rupees Fifteen Thousand).
(B) As far as investigation is concerned, the applicant shall appear before the Investigating Officer on 10th, 11th and 12th October, 2013 between 3 pm and 5 pm and thereafter as and when notified by him by a notice.
(C) The applicant shall furnish within three days 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 applicant for the purpose of investigation in future.
(D) This ad-interim anticipatory bail is granted like a transit bail.
(E) This order shall come to end after two weeks from the date on which Lawyers at Kolhapur shall resume to work.
(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 applicant.
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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.
(A. H. JOSHI, J.)
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2 issues framed by the court
Whether anticipatory bail should be granted transit bail for the applicant given his inability to file an application in the Sessions Court due to lawyers not working in Kolhapur.
The terms and conditions for the grant of transit anticipatory bail including investigation appearances and validity period.
1 provisions across 1 enactments
Indrajeet Dinkarrao Salgar
Mohammed Hanif Yusuf Thodage & Anr.
A. H. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
