Bombay High Court
Chandra Kant Chandulal Bhansali
Versus
Srikam Shrikishna Joshi
Decided On:

Headnote:(i) Criminal Procedure Code, 1973 - Sections 438 and 482 Cancellation of anticipatory Bail - State not making application but complainant moving under inherent powers to High Court - Question of locus standi - whether application was competent? (Held on facts, yes). (Para 7)

       (ii) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - Prosecution by State - Notice to competent - Whether necessary? (Yes, as abundant caution to avoid collusion with accused) (Para 8)

       (iii) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - Review - Considerations - Whether prosecution & complainant reasonably heard - Whether it interferes with investigation - Consideration on which bail granted whether found genuine (paras 11 to 20) - On these considerations anticipatory Bail set aside.