Anticipatory Bail Granted with Strict Conditions: Bombay HC Balances Investigation and Liberty. Bail confirmed with conditions for compliance, cooperation, and non-interference in trial proceedings.


CASE NOTE & SUMMARY

Acts and Sections Discussed:

  • Code of Criminal Procedure, 1973
    • Section 438: Provision for anticipatory bail.

Ratio Decidendi:

  1. Nature of Injuries: Simple injuries do not warrant denial of anticipatory bail when applicants demonstrate cooperation.
  2. Balancing Liberty and Justice: The court balanced personal liberty against the need for an effective investigation.
  3. Compliance with Interim Protection: Cooperation with police and compliance with earlier orders influenced the confirmation of bail.

Subjects:

Anticipatory Bail, Interim Orders, Cooperative Investigation.
Anticipatory Bail, Simple Injuries, Conditional Bail, Interim Protection

Citation: 2024 LawText (BOM) (12) 94

Case Number: 67 ANTICIPATORY BAIL APPLICATION NO. 931 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO. 932 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO. 999 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO. 1054 OF 2024

Date of Decision: 2024-12-09

Case Title: Sameer s/o. Raghunathrao Dandge Versus The State of Maharashtra

Before Judge: ARUN R. PEDNEKER, J.

Advocate(s): Mr. Nilesh S. Ghanekar, Mr. Y.H. Lagad and Mr. D.R. Kale Advocates for respective Applicants Mr. A.A.A. Khan – APP for Respondents, State Mr. Hanmant V. Patil – Advocate for assisting APP in all matters

Appellant: Sameer s/o. Raghunathrao Dandge

Respondent: The State of Maharashtra