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2017 Supreme(Bom) 2630

A.S.GADKARI
AUGUSTINE FRANCIS PINTO – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For the Applicants :Nitin Pradhan with Ms. Ameeta Kuttikrishnan i/b Ms. Shubhada D. Khot, Advocates.
For the State : Mrs. A.S. Pai, APP.
For the Intervener :Gunratna Sadavarte, Advocate, Sushil Tekriwal i/b Pravin Gaikwad, Advocates.

JUDGMENT :

1. The abovementioned Anticipatory Bail Applications bearing Nos.1599 and 1608 of 2017 under Section 438 of Code of Criminal Procedure are filed for Transit Anticipatory Bail in order to enable the applicants to approach the appropriate Judicial Authority, in the State of Haryana praying that in the event of their arrest at the instance of Police attached to Bhondsi Police Station in connection with First Information Report No.0250 of 2017 dated 8th September 2017 for an offence punishable under Section 302 of the Indian Penal Code and under Section 25 of the Arms Act.

2. The first informant namely Shri Barun Chandra Thakur, father of the deceased Master Pradhyuman Thakur, has filed an intervention application being Criminal Application No. 847 of 2017.

At the outset, Mr. Tekriwal, learned Counsel for the Intervener submitted that there is no concept of transit anticipatory bail under Section 438 of Cr. P.C and the present anticipatory bail applications are filed on frivious and false grounds and therefore needs the same to be dismissed in totality. He submitted that the jurisdiction to file anticipatory bail applications under Section 438 of Cr. P.C. lies within the territ



































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