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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Milind N.Jadhav
Tayyab Haider Siddique – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual background of anticipatory bail and allegations. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments by both parties regarding allegations made. (Para 8 , 9 , 10) |
| 3. court’s observations on evidence and legal interpretations. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court's final decision on anticipatory bail application. (Para 19 , 20) |
JUDGMENT :
Milind N. Jadhav, J.
1. Application for anticipatory bail is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short, " Cr.P.C ."). Applicant is apprehending arrest being arraigned as Accused No. 1 in F.I.R. No. 553 of 2022 registered with Mahatma Phule Chowk Police Station, Thane for offences punishable under Sections 420 , 465, 467, 468, 479 r/w Section 34 of the Indian Penal Code, 1860 (for short " IPC "). Interim Application No.3414 of 2024 is filed by Applicant seeking permission of Court to travel abroad for work. Interim Application No.1504 of 2024 is filed by First Informant – Complainant to oppose Anticipatory Bail Application.
2. FIR is filed on 27.09.2022. Applicant, First Informant and their common friend called Vinod Shukla are Merchant Navy Sailors. It is prosecution case that Applican
The prosecution's claims of fraud lacked sufficient evidence, indicating a civil dispute merely presented as a criminal case.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
Anticipatory bail should be granted only in exceptional cases; the court must balance individual rights with societal interests, especially in serious economic offences.
The court emphasized the importance of prima facie evidence and the requirement for custodial interrogation in determining the grant of anticipatory bail.
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