Manoj Dattatray Mestri v. the State of Maharashtra
Case brief
What is this about?
The High Court disposed of an anticipatory bail application, holding it infructuous as the applicants were already arrested and in custody. The court rejected the claim that orders vacating interim bail and passing orders outside court hours were nullities, citing conducive circumstances of prejudice and lack of merit.
What did the court decide?
Anticipatory bail application and interim applications disposed of as they have become infructuous due to arrest of applicants.
What the court decided
Ethape 1 16-ABA-90-2020+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.90 OF 2020
Mohammad Hussain Yusuf Agarbattiwala & Ors.
.. Applicants
Vs.
The State Of Maharashtra .. Respondent
WITH
INTERIM APPLICATION NO.1610 OF 2021 IN
ANTICIPATORY BAIL APPLICATION NO.90 OF 2020
Manoj Dattatray Mestri .. Applicant
Vs.
The State Of Maharashtra & Ors. .. Respondents WITH
Issues for consideration
3 issues framed by the court
Whether an order vacating interim bail relief passed beyond court hours constitutes a nullity due to lack of hearing.
Whether an anticipatory bail application becomes infructuous once the accused are arrested and produced in custody.
Whether a court order refusing an adjournment and vacating interim relief made after official hours can be treated as valid.
Parties & counsel
- applicant
Mohammad Hussain Yusuf Agarbattiwala
- applicant
Manoj Dattatray Mestri
- respondent
The State Of Maharashtra
Coram
Case details
As recorded by the court registry
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