In a criminal application for anticipatory bail, the Bombay High Court at Aurangabad bench made the interim protection previously granted to the applicant absolute on the same terms and conditions, noting that custodial interrogation was not required.
Interim protection granted vide order dated 17th June, 2014 was made absolute.
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.
criapln2336-14
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2336 OF 2014
Prasanna s/o Vinaykumar Kothari,
Age : 30 years, Occu. Business,
R/o Near Shivaji Statute, Jalna,
Tq. and District JalnaAPPLICANT
VERSUS
The State of Maharashtra
RESPONDENT
Mr. N.S. Ghanekar, Advocate for the applicant
Mr. V.P. Kadam, A.P.P. for the respondent-State
Mr. B.R. Waramaa, Advocate to assist the A.P.P.
CORAM : M.T. JOSHI, J. DATE : 30/07/2014
ORAL ORDER :
1. Heard all the sides.
2.Learned counsel for the applicant and learned
counsel assisting to learned A.P.P. submitted that as
the present dispute has arisen out of the management of
a religious institute, the parties have settled the
matter. The learned A.P.P., however, submitted that the
investigation would show that the present applicant, in
fact, is the mastermind of the crime. He, therefore,
opposed the submissions for grant of anticipatory bail.
criapln2336-14
2
3.It is to be noted that the interim protection
is already granted vide order dated 17th June, 2014.
Taking into consideration the material on record and the
submissions advanced on behalf of both sides, in my
view, the custodial interrogation of the present
applicant is not required in the crime. In the
circumstances, without going into the legality of the
settlement arrived at between the parties, the interim
protection granted earlier by this Court to the
applicant needs to be made absolute. Hence, the
following order :-
4.The interim protection granted earlier by this
Court to the applicant – Prasanna Vinaykumar Kothari,
vide order dated 17th June, 2014, is hereby made absolute
on the same terms and conditions. The application is
accordingly allowed and disposed of.
npj/criapln2336-14
1 issue framed by the court
Whether the interim anticipatory bail granted to the applicant earlier should be made absolute.
Prasanna s/o Vinaykumar Kothari
The State of Maharashtra
M.T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court