Allowed

Sanjay Shivaji Mali and Anr. v. the State of Maharashtra

Bombay HC9 Dec 2014ABA/1426/2014

Case brief

AI extract

What is this about?

A single judge of the Bombay High Court confirmed ad-interim anticipatory bail. The court held that the prosecution's reliance on the need for custodial interrogation regarding a JCB machine was unsound as no material was produced to show it was missing.

What did the court decide?

Ad-interim anticipatory bail confirmed; liberty granted to prosecution to apply for bail cancellation in an earlier matter.

Sanjay Shivaji Mali and Anr. Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2014)

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ABA 1426-14.odt

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Anand

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1426 OF 2014

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Sanjay Shivaji Mali .Applicants

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Somnath Madhukar Lipare

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The State of Maharashtra .Respondent

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Mr.D.D.Rananaware, Advocate, for the Applicants Mr.Y.M.Nakhwa, APP, for the Respondent - State

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P.C.

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. Heard.

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For the detailed reasons recorded in the order dated 13.11.2014, ad-interim pre-arrest bail has been granted in favour of the applicants in connection with C.R.No.206 of 2014 registered with the Vaduj Police Station, Satara for the offences punishable under Sections 332, 353, 395, 427, 504 & 506 of the Indian Penal Code. In pursuant to the

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ABA 1426-14.odt

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notice of the said application served upon the other side, learned APP has filed the reply.

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A perusal of the said reply does not reveal any reason repelling the reason for which ad-interim pre-arrest bail was granted to the applicants. The reasons canvassed by the learned APP that custodial interrogation of the applicants is necessary for seizing JCB machine which was used for excavating the land

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does not appear to be sound, as the learned APP is unable to show any material/

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circumstances in which and by whom the said JCB machine at the site was taken away. Having

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regard to the same, ad-interim direction passed in favour of the applicants deserves to be and accordingly stands confirmed with liberty to the APP to apply for cancellation of bail granted to the applicants in the event of any tangible material collected during the course of investigation warranting custodial interrogation of the applicants for completion

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ABA 1426-14.odt

of investigation.

The Anticipatory Bail Application stands disposed of in the said terms. Liberty to the prosecution to take appropriate steps for cancellation of anticipatory bail in an earlier matter of which the condition is said to have been breached by the applicants.

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Sanjay Shivaji Mali and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sanjay Shivaji Mali and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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