Criminal application admitting the memo of appeal after holding the impugned order perverse. Accused directed to appear before magistrate under Section 390 CPC for P.R. bail.
Admitted the memo of appeal; granted anticipatory bail. Directed accused to appear before trial Magistrate on 22 March 2017.
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.
9-ALS-21-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.21 OF 2016
THE STATE OF MAHARASHTRA
)...APPLICANT
V/s.
ANIL RAMCHANDRA DHURI AND ANR. )...RESPONDENTS
Mr.P.H.Gaikwad-Patil, APP for the Applicant – State.
Mr.Sachin Punde, Advocate for the Respondents.
CORAM : A. M. BADAR, J. DATE : 17th FEBRUARY 2017
P.C. :
1 Heard.
Prima facie, it is seen that the impugned judgment and order is not only perverse, but absurd. Hence the order :
i) Leave granted.
ii) The application for leave to appeal be considered as Memo of Appeal.
iii)Admit.
iv)Issue notice to respondents.
avk 1/2
9-ALS-21-2016.doc
v) Learned advocate Mr.Sachin Punde waives
notice for both respondents.
vi)Call for Record and Proceedings.
vii)In the meanwhile, action under Section 390 of Code of Criminal Procedure.
viii) Both accused persons to appear before learned trial Magistrate on 22nd March 2017 in terms of action under Section 390 of the Code of Criminal Procedure. They should execute P.R.Bond in the sum of Rs.15,000/- each, apart from furnishing surety in like amount.
(A. M. BADAR, J.)
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1 issue framed by the court
Whether the impugned judgment was perverse and absurd requiring admission of the appeal and granting anticipatory bail.
1 provisions across 1 enactments
The State of Maharashtra
Anil Ramchandra Dhuri
Another Person
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
