Applicant sought cancellation of anticipatory bail granted for IPC offences of cheating, forgery and using forged documents. Investigation was complete with charge sheet filed; no misuse of bail, witness tampering or collusion shown. Criminal antecedents alone insufficient. Applications for cancellation 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.
CHITRASANJAYSONAWANE Digitally signed byCHITRA SANJAYSONAWANEDate: 2024.11.1918:31:38 +0530
Mamta Kale.
57.appln86,87-24.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Criminal Application No.86 of 2024
Nisha Devashish Ghosh Aged about 66 years, Adult, Indian inhabitant, Residing at B/301 Trimurti Apartment, Land mark Manvelpada Talav Thane, Virar 401 303, Dist. Palghar
… Applicant
Versus
With
Criminal Application No.87 of 2024
Nisha Devashish Ghosh
Page 1 of 5
18 November 2024
Mamta Kale. 57.appln86,87-24.docx
Aged about 66 years, Adult, Indian inhabitant, Residing at B/301 Trimurti Apartment, Land mark Manvelpada Talav Thane, Virar 401 303, Dist. Palghar
… Applicant
Versus
… Respondents
Mr Sachin Jahangir Wadia, present on behalf of the applicant. Mr Shailendra Agharkar, for respondents/ accused. Mr Arfan Sait, APP, for the respondent/ State.
Page 2 of 5
18 November 2024
Mamta Kale.
57.appln86,87-24.docx
API Vikas Raut, VP Road Police Station, is present.
Coram: R.N. Laddha, J. Date: 18 November 2024.
P.C.:
Heard Mr Sachin Jahangir Wadia present on behalf of the applicant; Mr Shailendra Agharkar, for respondents/ accused; and Mr Arfan Sait, the learned Additional Public Prosecutor representing the respondent/ State.
Page 3 of 5
18 November 2024
Mamta Kale. 57.appln86,87-24.docx
detailed examination of the evidence and elaborate documentation of the merits of the case. The primary consideration lies in the prima facie scrutiny of the material on record. Furthermore, once granted, the bail should not be cancelled mechanically unless there are compelling and supervening circumstances, such as the risk of jeopardising a fair trial.
Page 4 of 5
18 November 2024
Mamta Kale. 57.appln86,87-24.docx
Court finds no justification to revoke the pre-arrest bail granted to the respondents/ accused.
(R.N. Laddha, J.)
Page 5 of 5
18 November 2024
1 issue framed by the court
Whether anticipatory bail granted to the accused should be cancelled for alleged improper merits assessment, collusion by the investigating officer, and undisclosed criminal antecedents.
1 provisions across 1 enactments
Nisha Devashish Ghosh
Farida Jamal Ansari
Mansoor Jamal Ansari
The State of Maharashtra
Shahzad Rabbani Shaikh
Mohammed Nabi Qureshi
R.N. Laddha
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
