The High Court quashed an order cancelling anticipatory bail, holding that the accused could not comply with court conditions regarding police station attendance while incarcerated.
The order cancelling anticipatory bail is quashed and set aside; the applicant must comply with original bail conditions on or before 2nd May 2019.
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.
909-apl-449-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 449 OF 2019
Ashabai Audumbar Tambe
...Applicant
Versus
The State of Maharashtra (Through Sadar Bazar Police Station)
...Respondent.
Mr.Priyal G. Sarda for the Applicant. Mr.A.R.Patil, APP for the Respondent-State.
CORAM : MRS. MRIDULA BHATKAR, J. DATE : 18 APRIL 2019
P.C.:
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909-apl-449-2019.doc
The learned Sessions Judge after hearing the prosecution and giving an opportunity to the accused to make submissions: however, which was not
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909-apl-449-2019.doc
availed of, cancelled the anticipatory bail on 6th December, 2018 in C.R. No. 122 of 2017. It is a case of the applicant/accused that in all three cases where she was taken in custody, granted bail on 14th February, 2019. Thereafter, availing the bail, she came out of jail on 2nd March, 2019.
7. Considered submissions. It appears that it was physically impossible
for the applicant/accused to attend the police station on every second and fourth Monday, as she was confined in prison. Therefore, the order dated 6th December, 2018 passed by the learned Additional Sessions Judge-4,
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909-apl-449-2019.doc
Solapur of cancellation of anticipatory bail is hereby quashed and set aside. The applicant/accused shall comply with the conditions imposed by the trial Court while granting anticipatory bail on or before 2nd May, 2019.
(MRIDULA BHATKAR, J.)
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1 issue framed by the court
Whether the order cancelling anticipatory bail should be quashed given the accused's physical inability to comply with court conditions due to incarceration.
1 provisions across 1 enactments
Ashabai Audumbar Tambe
The State of Maharashtra
Mridula Bhartkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
