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ANUJA PRABHU DESSAI
Shubham Govind Pacharne – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. The Applicant is one of the accused persons in Crime No.665 of 2021 registered at Shikrapur Police Station, Pune (rural) for ofences under Ss. 386, 420, 465, 467, 468, 471, 506, 120 B of the IPC.
2. In the charge sheet fled before learned Magistrate, Ghodnadi (Shirur) the Applicant was shown as an absconding accused. The Applicant had fled an application for pre-arrest bail (Criminal Bail Application No.8390 of 2021), which was dismissed by learned Additional Sessions Judge, Pune on 20/12/2021, resulting in fling of the present application before this Court. By order dtd. 11/01/2022 this Court granted interim bail to the Applicant with direction to report to the Investigating Ofcer on 17th, 18th and 19/1/2022. Accordingly, the Applicant appeared before the Investigating Ofcer.
3. The order of interim protection was extended from time to time. During the pendency of the application for anticipatory bail, charge sheet came to be fled and summons was issued to the Applicant to appear before the Trial Court. The Applicant appeared before the Trial Court on 01/07/2022 and fled an application for bail without disclosing the fact that he was on interim bail. The Magistrate neit
Duty of the prosecutor to protect the rights of the accused and the need to avoid unnecessary arrests and mechanical remands.
The court established that police cannot arrest individuals under interim bail without prior court permission, emphasizing the need for proper procedures in maintaining judicial authority over invest....
The court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
No accused can be permitted to frustrate judicial process by his conduct.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The court emphasized the necessity for police to adhere to procedural safeguards under Cr.P.C. before arrest, ensuring reasoned remand orders to prevent unlawful detention.
The court emphasized the accountability of police officials and the seriousness of extortion and abduction charges, asserting that dropping bailable offences without justification undermines the inte....
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