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1988 Supreme(Bom) 387

C.S.DHARMADHIKARI, M.B.GHODESWAR
Pankaj Vidhyasagar Gupta – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---The Applicant Pankaj Vidhyasagar Gupta filed an application under section 438 of the Code of Criminal Procedure for anticipatory bail. It was alleged in the said application that he has a reasonable apprehension that he may be arrested by the Mulund Police in C.R. No. 369 of 1988, which is registered on a complaint filed by his father-in-law Shri Manoharlal Kishorilal Gupta for offences punishable under section 143, 144, 147, 148, 149, 302, 323, 324, 326 read with section 120(B) of the Indian Penal Code. In the application the applicant has contended that a civil dispute is pending between him and his father-in-law in the High Court itself and he apprehends that with a mala fide intention his father-in-law might falsely involve him in this Criminal Case.

2. Initially, the matter came to be placed before the Single Judge of this Court Shri Tipnis, J. Smt. Keluskar, the learned Public Prosecutor contended before the Single Judge that since the offence involved is of murder, the Court should not grant anticipatory bail. In support of her submission, she placed strong reliance upon a judgment of the Supreme Court reported in 1988 Supreme Court Cases












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