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2012 Supreme(SC) 239

2012 (4) SCC 511
SUPREME COURT OF INDIA
H.L. DATTU AND CHANDRAMAULI KR. PRASAD JJ.
RAMDAS VASU SHETTY -Appellant
VERSUS
STATE OF MAHARASHTRA -Respondent
Criminal Appeal No.542 of 2012 (@ Special Leave Petition (Cri.)No.8894 of 2011)
Decided on : 16-3-2012

Subject

Bail - Anticipatory Bail

Act Referred

CONSTITUTION OF INDIA : Art.136
CRIMINAL PROCEDURE CODE : S.438(2)
INDIAN PENAL CODE : S.420, S.34, S.120(b)
MAHARASHTRA CO-OPERATIVE SOCIETIES ACT : S.101
TRANSFER OF PROPERTY ACT : S.58(f)

Headnote

Code of Criminal Procedure, 1973 – Section 438 – Earlier order of releasing the appellant on bail to the satisfaction of arresting officer, if arrested, made absolute. (Para 3)

ORDER

1. Leave granted.

2. This appeal is filed against the impugned judgment and order dated 27.6.2011 passed by the High Court of Judicature of Bombay, Bench at Aurangabad in Criminal Application No.2432 of 2011, whereby the application of the appellant for grant of anticipatory bail is rejected.

3. This Court, vide order dated 21.11.2011, while issuing notice, had directed that if the appellant is arrested, he will be released on bail to the satisfaction of the arresting officer. Considering the facts and circumstances of the case, we deem it appropriate that the aforesaid order be made absolute and is made absolute. Appeal allowed accordingly.

Ordered accordingly.

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