K.S.RADHAKRISHNAN, VIKRAMAJIT SEN
Sundeep Kumar Bafna – Appellant
Versus
State of Maharashtra – Respondent
2. A neat legal nodus of ubiquitous manifestation and gravity has arisen before us. It partakes the character of a general principle of law with significance sans systems and States. The futility of the Appellant’s endeavours to secure anticipatory bail having attained finality, he had once again knocked at the portals of the High Court of Judicature at Bombay, this time around for regular bail under Section 439 of the Code of Criminal Procedure (Cr.P.C.), which was declined with the observations that it is the Magistrate whose jurisdiction has necessarily to be invoked and not of the High Court or even the Sessions Judge. The legality of this conclusion is the gravemen of the appeal before us. While declining to grant anticipatory bail to the Appellant, this Court had extended to him transient insulation from arrest for a period of four weeks to enable him to apply for regular bail, even in the face of the rejection of his Special Leave Petition on 28.1.2014. This course was courted by him, in the event again in vain, as the bail application preferred by him under Section 439 Cr.P.C. has been dismissed by the High Court in terms of the impugned Order
P.S.R. Sadhanantham vs. Arunachalam ((1980) 3 SCC 141) 7
Gurcharan Singh vs. State ((1978) 1 SCC 118) 8
Roshan Beevi vs. Joint Secretary (1984(15) ELT 289 (Mad)) 10
Directorate of Enforcement vs. Deepak Mahajan ((1994) 3 SCC 440) 10
Niranjan Singh vs. Prabhakar Rajaram Kharote ((1980) 2 SCC 559) 12
Nirmal Jeet Kaur vs. State of M.P. ((2004) 7 SCC 558) 12
Sunita Devi vs. State of Bihar ((2005) 1 SCC 608) 12
Adri Dharan Das vs. State of West Bengal ((2005) 4 SCC 303) 12
State of Haryana vs. Dinesh Kumar ((2008) 3 SCC 222) 12
Union of India vs. Raghubir Singh ((1989) 2 SCC 754) 13
Chandra Prakash vs. State of U.P. (AIR 2002 SC 1652) 14
Rashmi Rekha Thatoi vs. State of Orissa ((2012) 5 SCC 690 = 2012(3) RLW 2398 (SC)) 16
Gurbaksh Singh Sibbia vs. State of Punjab ((1980) 2 SCC 565) 19
Raghubans Dubey vs. State of Bihar (AIR 1967 SC 1167) 22
Thakur Ram vs. State of Bihar (AIR 1966 SC 911) 24
Bhagwant Singh vs. Commissioner of Police ((1985) 2 SCC 537 24
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