In this bail cancellation application under Section 437/439 CrPC, the High Court held that once the investigation is completed and the charge sheet lodged, there is no propriety in entertaining an application to cancel pre-arrest bail, leading to rejection of the petition.
Application for cancellation of pre-arrest bail stands rejected.
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.
51-appln-116-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.116 OF 2022
Devendra Prabhakar Bari
...Applicant
vs.
The State of Maharashtra and Others
...Respondents
Mr. Nitin Gangal, for the Applicant Mr. M.G. Patil, APP, for the Respondent/State. Ms. Yogita Deshmukh-Chitnis, for Respondent No. 2.
CORAM : N. J. JAMADAR, J. DATE : SEPTEMBER 05, 2023
P.C.:
Vishal Parekar
...1
51-appln-116-2022.doc
Application stands rejected.
Vishal Parekar
...2
3 issues framed by the court
Whether an application for cancellation of pre-arrest bail should be entertained after the chargesheet has been lodged and the case committed to the Session Court.
Whether the reasons assigned by the lower court for granting pre-arrest bail are adequate given the facts of the case.
What is the propriety of entertaining a cancellation of bail application at a distant point when the prosecution has completed investigation and filed the charge sheet.
1 provisions across 1 enactments
Devendra Prabhakar Bari
The State of Maharashtra
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
