The Bombay High Court rejected an application for anticipatory bail. The applicant, declared a proclaimed offender, was ineligible for relief as per the Apex Court judgment in Lavesh, because he was absconding to avoid warrant execution.
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.
ABA 1419-19.doc
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1419 OF 2019
Imran Yunus Namakwala .Applicant
Vs.
The State of Maharashtra .Respondent
Ms Tripti R. Shetty, Advocate, for the Applicant Mr. A. A. Palkar, APP, for the Respondent – State
CORAM : REVATI MOHITE DERE, J.
DATE : 08.07.2019 P.C.
. Heard learned counsel for the parties.
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ABA 1419-19.doc
merits. The said order is on page No. 162 of the Application. It is not in dispute that being aggrieved by the said order dated 10.03.2017, the Applicant approached the Apex Court and the Apex Court dismissed the Applicants' SLP vide order dated 09.08.2017. The said order is on page No. 172 of the Application. It is not in dispute that proclamation was issued in the said case as against the Applicant on 19.08.2017.
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ABA 1419-19.doc
considered on its own merits.
(REVATI MOHITE DERE, J.)
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2 issues framed by the court
Whether an alleged prisoner declared a proclaimed offender under Section 82 CrPC is entitled to anticipatory bail.
Whether grounds are made out for granting anticipatory bail to an applicant who absconded and was declared a proclaimed offender.
Colour shows how this judgement treated each authority
Lavesh Vs. State ( NCT of Delhi )Referred¶17
(2012)8 Supreme Court Cases 730
2 provisions across 2 enactments
Imran Yunus Namakwala
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
