Case Note & Summary
The petitioner, Navinchandra Gangadhar Hegde, was an accused in Crime No.177 of 2016 registered with Azad Maidan Police Station for offences under Sections 419, 170, 183, 186 and 120B of the Indian Penal Code. He was arrested on 26 July 2016 and produced before the Metropolitan Magistrate. After his bail application was rejected by the Magistrate, he filed an application under Section 439 of the Code of Criminal Procedure before the Sessions Judge, which was allowed on 8 September 2016 with conditions including executing a PR bond of Rs.50,000 with one solvent surety, not tampering with witnesses, and appearing before the investigating officer as directed. On 19 August 2017, the petitioner was arrested at Chhatrapati Shivaji Maharaj International Airport while attempting to travel abroad, pursuant to a Red Corner notice. He was produced before the Metropolitan Magistrate, who rejected his bail application on the ground that he attempted to travel abroad without prior permission. The petitioner then filed a criminal writ petition before the Bombay High Court. The High Court noted that the police had shown scant disregard to judicial orders by arresting the petitioner despite the earlier bail order. The court held that the petitioner was entitled to bail on executing a fresh PR bond of Rs.50,000 with one solvent surety, and imposed additional conditions: the petitioner shall not leave India without prior permission of the trial court, shall surrender his passport, and shall report to the investigating officer on every Monday between 11:00 a.m. and 1:00 p.m. until further orders. The petition was allowed and the impugned order was set aside.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Grant of Bail - Petitioner arrested while attempting to travel abroad without prior permission of the Magistrate - Held that the petitioner is entitled to bail on executing a fresh PR bond and surety, with additional conditions including surrendering passport and reporting to the investigating officer - The court criticized the police for disregarding judicial orders (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, despite being arrested while attempting to travel abroad without prior permission of the Magistrate, and whether the police authorities have shown scant disregard to judicial orders.
Final Decision
The petition is allowed. The impugned order dated 19 August 2017 passed by the learned Metropolitan Magistrate, 37th Court, Esplanade, Mumbai is set aside. The petitioner is directed to be released on bail on executing a fresh PR bond of Rs.50,000 with one solvent surety in the like amount. Additional conditions: (i) The petitioner shall not leave India without prior permission of the trial court; (ii) The petitioner shall surrender his passport; (iii) The petitioner shall report to the investigating officer of Azad Maidan Police Station on every Monday between 11:00 a.m. and 1:00 p.m. until further orders.
Law Points
- Bail
- Section 439 CrPC
- Disregard of judicial orders
- Red Corner notice
- Conditions of bail
Case Details
2017 LawText (BOM) (09) 105
Criminal Writ Petition No.3438 of 2017
Mr.Shirish Gupte, Senior Advocate, i/b. Ms.Racheeta Dhuru a/w. Ms.Supriya K., Advocate for the Petitioner; Mr.Vinod Chate, APP for the Respondent State
Navinchandra Gangadhar Hegde
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Nature of Litigation
Criminal writ petition seeking bail under Section 439 CrPC after being arrested while attempting to travel abroad without prior permission of the Magistrate.
Remedy Sought
The petitioner sought bail and setting aside of the order dated 19 August 2017 passed by the Metropolitan Magistrate rejecting his bail application.
Filing Reason
The petitioner was arrested on 19 August 2017 at the airport while attempting to travel abroad, allegedly in violation of bail conditions, and his subsequent bail application was rejected by the Magistrate.
Previous Decisions
The petitioner was earlier granted bail by the Sessions Judge on 8 September 2016 in Bail Application No.1737 of 2016 with conditions. He was later arrested on 19 August 2017 pursuant to a Red Corner notice, and his bail application was rejected by the Metropolitan Magistrate on the same day.
Issues
Whether the petitioner is entitled to bail under Section 439 CrPC despite attempting to travel abroad without prior permission of the Magistrate.
Whether the police authorities have shown scant disregard to judicial orders by arresting the petitioner despite the earlier bail order.
Submissions/Arguments
The petitioner argued that he was entitled to bail as the earlier bail order was still in force and the arrest was in disregard of judicial orders.
The respondent State opposed bail on the ground that the petitioner attempted to travel abroad without prior permission, violating the bail conditions.
Ratio Decidendi
The court held that the petitioner is entitled to bail under Section 439 CrPC, and the police authorities have shown scant disregard to judicial orders. The court imposed additional conditions to ensure compliance with bail conditions.
Judgment Excerpts
Facts projecting from this petition vividly shows scant disregard to the judicial orders by police authorities.
The petitioner came to be arrested on 19th August 2017 at Chhatrapati Shivaji Maharaj International Airport, Sahara, Mumbai, when he was about to travel to some foreign country.
The learned Metropolitan Magistrate, by the impugned order dated 19th August 2017 was pleased to reject the said application with a reason that the petitioner was attempting to travel abroad without prior permission of the Metropolitan Magistrate.
Procedural History
The petitioner was arrested on 26 July 2016 in Crime No.177 of 2016. His bail application was rejected by the Metropolitan Magistrate. He then filed Bail Application No.1737 of 2016 before the Sessions Judge, which was allowed on 8 September 2016 with conditions. On 19 August 2017, he was arrested at the airport while attempting to travel abroad, pursuant to a Red Corner notice. He was produced before the Metropolitan Magistrate, who rejected his bail application on the same day. The petitioner then filed the present criminal writ petition before the Bombay High Court.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 419, 170, 183, 186, 120B
- Code of Criminal Procedure, 1973 (CrPC): 439
