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VIKRAM NATH, SANDEEP MEHTA
Nikita Jagganath Shetty @ Nikita Vishwajeet Jadhav – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. application for anticipatory bail advancements. (Para 1 , 2) |
| 2. background of anticipatory bail and legal disputes. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. counter allegations escalate bail controversy. (Para 10) |
| 4. arguments from parties regarding bail and allegations. (Para 11 , 12 , 13) |
| 5. crucial evidence requires custodial inquiry. (Para 14 , 15 , 16) |
| 6. court's rationale for denying anticipatory bail. (Para 17 , 18 , 19 , 20) |
| 7. final decision to cancel bail and direct surrender. (Para 21 , 22 , 23) |
JUDGMENT :
1. Heard.
3. These appeals, by special leave, call into question the order dated 19th June, 2024, passed by the learned Single Judge of High Court of Judicature at Bombay1[Hereinafter referred to as ‘High Court’] in Anticipatory Bail Application Nos. 3137 of 2023 and 2499 of 2023, whereby respondent No. 2 in Criminal Appeal @ SLP(Crl.) No. 10251 of 2024 and respondent Nos. 2, 3, and 4 in Criminal Appeal @ SLP(Crl.) No. 10255 of 2024, were granted pre-arrest bail in connection with Crime No. 1-103 of 2023.
5. The appellant-complainant and the accused- Vishwajeet who were married on 1st January, 2018, developed matrimonial strife. The accused- Vishwajeet managed to p
Anticipatory bail – Court concerned has to be very cautious as grant of interim protection or protection to accused in serious cases may lead to miscarriage of justice and may hamper investigation to....
Grant of anticipatory bail – Although grant of bail is a discretionary exercise, Courts must be cautious to exercise this discretion judiciously – Balance has to be struck to protect individual liber....
Accused praying for anticipatory bail has to make out more than a prima facie case of false implication – Grant of anticipatory bail is not a matter of course.
(1) Bail application – Speedy disposal – Bail and anticipatory applications must be decided expeditiously on their own merits, without relegating parties to a state of indefinite pendency – High Cour....
Anticipatory bail can only be granted in exceptional circumstances where the applicant is prima facie falsely implicated, considering the nature of accusations and facts of the case.
Anticipatory bail can be granted based on the presumption of innocence and the need to prevent unjustified detention, considering the specific facts of each case.
(1) Bail once granted, should not be cancelled in a mechanical manner without considering whether any supervening circumstances.(2) Once benefit of anticipatory bail has been given by High Court, con....
Anticipatory bail can be granted despite a co-accused receiving regular bail; courts must safeguard liberty while ensuring due process.
The court granted anticipatory bail under Section 438 of the Code, emphasizing the need for cooperation in the investigation while addressing the validity of serious allegations.
A Criminal Court can rectify its own orders in exceptional circumstances to prevent miscarriage of justice, despite generally lacking review power, when errors arise beyond the party's control.
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