Case Note & Summary
The applicant, Ashok Jairam Bhojane, the original first informant, filed a criminal application before the Bombay High Court, Nagpur Bench, challenging the grant of ad-interim anticipatory bail to respondent Nos. 2 to 4 by the learned Additional Sessions Judge, Washim. The background of the case involves the suicide of Nitin, who had paid Rs. 71,000 to Baban Deokate for arranging a job for his younger brother, but the money was not returned and a cheque issued was dishonoured. Nitin married Sandhya on 7th March 2011, and alleged harassment by Sandhya, her parents (respondent Nos. 2 to 4), and Baban Deokate led to his suicide. Two suicide notes were executed by Nitin. The applicant's grievance was that respondent Nos. 2 to 4, apprehending arrest, filed Misc. Criminal Application No. 19/2012 for anticipatory bail before the Additional Sessions Judge, Washim, who on 12/01/2012 granted ad-interim anticipatory bail without issuing notice to the State or Public Prosecutor. The legal issue was whether such ex-parte interim anticipatory bail was permissible under Section 438 of the Code of Criminal Procedure, 1973. The applicant argued that the order was illegal and against natural justice. The State supported the applicant's contention. The court, after hearing the applicant and the State, held that the grant of ad-interim anticipatory bail without notice to the State was illegal and set aside the order. The court directed that the respondents may apply afresh for anticipatory bail, which shall be decided on merits after hearing both sides.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 - Ex-parte Interim Bail - The court held that the grant of ad-interim anticipatory bail without notice to the State or Public Prosecutor is illegal and against principles of natural justice - The order dated 12/01/2012 granting such bail was quashed and set aside (Paras 5-6).
Issue of Consideration
Whether the learned Additional Sessions Judge could grant ad-interim anticipatory bail to the respondents without issuing notice to the State or Public Prosecutor.
Final Decision
The court quashed and set aside the order dated 12/01/2012 passed by the learned Additional Sessions Judge, Washim, granting ad-interim anticipatory bail to respondent Nos. 2 to 4. The respondents are at liberty to apply afresh for anticipatory bail, which shall be decided on merits after hearing both sides.
Law Points
- Anticipatory bail cannot be granted without notice to the State or Public Prosecutor
- Natural justice requires hearing before grant of interim anticipatory bail
- Section 438 CrPC does not contemplate ex-parte interim anticipatory bail
