Case Note & Summary
The judgment pertains to two anticipatory bail applications filed under Section 438 of the Code of Criminal Procedure, 1973. The applicants in Criminal Application No. 783 of 2012 are Prem Malik and others, and the applicant in Criminal Application No. 811 of 2012 is Ulhas Manohar Nimkar. They sought pre-arrest bail in connection with an alleged offence under Section 138 of the Negotiable Instruments Act, 1881, relating to dishonour of cheques. The respondents are the State of Maharashtra and the complainant. The court, after hearing the arguments, allowed both applications. The operative part of the order states that for reasons separately recorded, both applications are allowed in terms of prayer clause (a), which provides that in the event of arrest, the applicants shall be released on bail on certain conditions. The court found that no prima facie case for the offence under Section 138 of the NI Act was made out against the applicants, and thus they were entitled to anticipatory bail. The judgment was delivered by Justice A.H. Joshi on 22nd March 2013.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Pre-arrest bail - Applicants sought anticipatory bail in a cheque dishonour case - Court allowed the applications holding that no prima facie case for offence under Section 138 NI Act was made out against the applicants - Held that the applicants are entitled to anticipatory bail (Paras 1-2).
Issue of Consideration
Whether the applicants are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with an offence under Section 138 of the Negotiable Instruments Act, 1881.
Final Decision
Both anticipatory bail applications are allowed. In the event of arrest, the applicants shall be released on bail on terms and conditions as per prayer clause (a).
Law Points
- Anticipatory bail
- Section 438 CrPC
- Section 138 Negotiable Instruments Act
- 1881
- Prima facie case
- Cheque dishonour
- Pre-arrest bail
