Court considered maintainability of anticipatory bail application after warrant issuance, citing conflicting precedents on arrest status, and directed surrender to cancel warrant.
Applicant directed to surrender before Magistrate on 20th February, 2017 at 11 a.m. to place application for cancellation of warrant.
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.
8.ABA81_2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION No. 81 OF 2017
Shivaji Bhagwan Maske Vs.
The State of Maharashtra
... Applicant
... Respondent
Mr. Tushar N. Sonawane, Advocate for the Applicant. Mr. Deepak Thakery, APP for Respondent – State.
CORAM: MRS.MRIDULA BHATKAR, J. DATE: 17th February, 2017.
P.C.:
This Application is moved for anticipatory bail under section 438 of Cr. P.C. The applicant-accused is apprehending arrest in C.R. No. I-270 of 2010 registered with Pandharpur Taluka Police Station for the offences punishable under sections 328 r/w. 34 of the Indian Penal Code and under section 65(e)(f)(kh) of Maharashtra Prohibition Act. The offence is registered at the instance of one police constable Kashinath Shivgonda on 5th October, 2010.
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8.ABA81_2017.doc
one who ran away.
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is covered under the case of Himanshu @ Hemant Rajendra Bhatt vs. State of Maharashtra in Criminal Anticipatory Bail Application No. 492 of 2014 on 30th April, 2014.
328 of the Indian Penal Code in view of the nature of offence.
(MRIDULA BHATKAR, J.)
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3 issues framed by the court
Whether an anticipatory bail application is maintainable after a warrant is issued if the accused has not yet been arrested.
Whether the learned Magistrate should consider the ingredients of Section 328 IPC regarding the nature of the offence.
Whether the applicant should be directed to surrender before the learned Magistrate to cancel the warrant.
Colour shows how this judgement treated each authority
Ambalal P. Rashamwala vs. State of MaharashtraDistinguished¶16
Ambalal P. Rashamwala vs. State of Maharashtra, reported in 1992 Cr. L.J. 2373 (Bom.)
Akhalaq Ahmed F. Patel vs. State of MaharashtraReferred¶16
Akhalaq Ahmed F. Patel vs. State of Maharashtra, reported in 1998 Cr. L.J. 3969 (Bom.)
Himanshu @ Hemant Rajendra Bhatt vs. State of MaharashtraReferred¶20
Himanshu @ Hemant Rajendra Bhatt vs. State of Maharashtra in Criminal Anticipatory Bail Application No. 492 of 2014
3 provisions across 3 enactments
Shivaji Bhagwan Maske
The State of Maharashtra
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
