Allowed

Sanjay S/O Shrawan Telgote v. State of Maharashtra, through Police Station Officer, Mangrulpir

Bombay HC5 Jun 2017ABA/710/2015

Case brief

AI extract

What is this about?

The single judge granted pre-arrest bail to the applicant, confirming an interim order while imposing a condition to attend court post-charge-sheet. He directed the IO to clarify if a prior Division Bench order legally constrains the filing of the chargesheet.

What did the court decide?

The application allowed; interim order confirmed on condition of attendance after filing of chargesheet; investigating officer directed to ascertain legal position.

Sanjay S/O Shrawan Telgote Vs State of Maharashtra, through… — Cheque Dishonour | Bombay HC (2017)

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1 aba710.15

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRI. APPLICATION (ABA) NO. 710 OF 2015

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(SANJAY SHRAWAN TELGOTE....VS.. STATE OF MAH. THR. PSO MANGRULPIR, DIST. WASHIM)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri R.R.Vyas, Advocate for applicant. Shri T.A.Mirza, A.P.P. for Non-applicant.

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CORAM : Z.A.HAQ, J.

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DATED : JUNE 05, 2017.

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Heard.

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The applicant has filed this application seeking pre-arrest bail apprehending arrest in the crime registered against him along with other co-accused for the offences punishable under Sections 466, 467, 468, 473, 481, 474, 409, 420, 181 read with Section 34 of the Indian Penal Code. This application is filed in December, 2015 and ad-interim order granted in favour of the applicants on 28^th December, 2015 continues till date.

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The learned A.P.P. has not been able to point out the necessity of custody of the applicant. It is submitted that though chargesheet is ready, it is not filed because of the order passed by the Division Bench of this Court restraining the Investigating agency from taking any coercive action against the accused.

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The learned advocate appearing for the applicant has made a categorical statement that the Division Bench has not passed any order restraining the Investigating Officer from filing the chargesheet.

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2 aba710.15

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Considering the above facts and accepting the submissions made on behalf of the applicant that he is not involved in any other crime/ offence, in my view, the applicant is entitled for pre-arrest bail.

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Hence, the following order :

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The interim order passed on 28^th December, 2015 is confirmed. However, on condition that after filing of the chargesheet the applicant shall attend the proceedings before the Court on every date unless exemption is granted by the Court.

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The Investigating Officer shall examine the matter and if required take legal advise on the point whether the order passed by the Division Bench of this Court on application under Section 482 of the Code of Criminal Procedure restrains the Investigating Officer from filing the chargesheet. If the order is not of such a nature then the chargesheet should be filed within a fortnight.

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The application is allowed in the above terms.

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JUDGE

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RRaut ..

Sanjay S/O Shrawan Telgote v. State of Maharashtra, through Police Station Officer, Mangrulpir

Case brief

What is this about?

What did the court decide?

Sanjay S/O Shrawan Telgote v. State of Maharashtra, through Police Station Officer, Mangrulpir

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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