The High Court of Judicature at Bombay, Nagpur Bench, rejected an application for anticipatory bail because the applicant failed to appear at the police station as directed in an ad-interim order.
Application for anticipatory bail rejected; direction to investigate officer to arrest the applicant.
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aba.643.17.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION(ABA) 643 OF 2017 ( Shivkant Chinnekan Verputti..vs..State of Maharashtra, through PSO.PS.Ramnagar,Chandrapur,)
_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Shri D.S.Patil,Advocate for applicant. Shri R.S.Nayak,Advocate for State-non-applicant.
CORAM : V.M.DESHPANDE, J. DATED :SEPTEMBER 21, 2017
Without going into merit or demerit of the application, the present application for anticipatory bail is required to be rejected for non observation of the conditions imposed by this Court while granting ad-interim anticipatory bail in favour of the applicant on 12/9/2017.
On 12/9/2017 this Court granted ad-interim anticipatory bail in favour of the application on a condition that the applicant shall attend P.S.Ramnagar,Chandrapur on 14/9/2017, 15/9/2017,16/9/2017 and 17/9/2017.
Today, the investigating officer Shri Diwakar Ramteke,P.S.I.P.S.Ramnagar,Chandrapur has filed his own affidavit before this Court stating that the applicant did not attend the police station and nor joined investigation as directed by this Court. Not only that, the present applicant has sent a copy of the order of this Court to the police station through one Arjanvis. This attitude shows that applicant is not a law abiding
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citizen and he has tendency to flout the law. A person who is praying to the court of discretion is under obligation to abide the conditions those are imposed upon him by the Court while exercising the discretion.
At the time of hearing, the learned counsel for the applicant was unable to produce the copy of the diary showing the attendance of applicant in the police station.
The application stands rejected.
The investigating officer is directed to arrest the applicant and submit the compliance report.
JUDGE
Kitey
1 issue framed by the court
Whether an application for anticipatory bail should be rejected due to the applicant's failure to comply with the conditions of attending police stations as directed by the court.
Shivkant Chinnekan Verputti
State of Maharashtra
V.M.Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
