Ritesh Prem Gayal v. Senior Inspector of Police Pune and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Online)(Bom) 8

BOMBAY HIGH COURT
S. C. Dharmadhikari, J
Ritesh Prem Gayal v. Senior Inspector of Police Pune and Another

Table of Content
1. applicants seek bail under s.439. (Para 2 , 3)
2. charge sheet filed; custody issues raised. (Para 4)
3. court defines 'custody' regarding bail applications. (Para 5 , 6)
4. jurisdiction of magistrate confirmed for trial. (Para 7)
5. merits favor granting bail to applicants. (Para 8 , 9)

1. Heard.

2. By these applications under S.439 of the Code of Criminal Procedure (for short 'the Code'), the applicants seek bail in connection with an offence registered at CR No. 109 of 2006 with Saswad Police Station, Pune punishable under S.306 and 506 read with 34 of the Indian Penal Code.

3. Apprehending her arrest, Snehlata Vikram Kamble, the applicant in Application No. 36 of 2000, had previously made an application for anticipatory bail before the Sessions Court, Pune. By an order dated 10th October, 2006, the Additional Sessions Judge allowed the application and granted pre arrest bail to her in the sum of Rs. 10,000. However, the application made by Ritesh Gayal, the applicant in Application No. 35 of 2008, was rejected by the Sessions Court. He therefore moved this Court for anticipatory bail. By an order dated 22nd December, 2006 passed in Criminal Application No. 4568 of

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