2007 ALL SCR 777
B.P. SINGH AND TARUN CHATTERJEE, JJ.
Pratapsinha @ Sanjay Shankarrao Chavan Vs. State Of Maharashtra & Ors.
Criminal Appeal No.55 of 2007,SLP (Crl.) No.4492 of 2006
12th January, 2007
Petitioner Counsel: Mr. H. N. SALVE, Mr. S. R. CHITNIS, Mr. SUSHIL KARANJKAR, Mr. K. N. RAI
Respondent Counsel: Mr. SHEKHAR NAPHADE, Mr. VINAY NAVARE, Mr. NARESH KUMAR, Mr. RAVINDRA KESHAVRAO ADSURE, Mr. GAUTAM GODARA
Criminal P.C. (1973), S.438 - Anticipatory bail - Cancellation of - Held this was not a case where anticipatory bail granted twice should have been set aside by High Court and thus virtually recording finding of guilt against appellant. 2006 ALL MR (Cri) 2709 Overruled. (Para 3)
3. We have carefully gone through the order of the High Court cancelling anticipatory bail granted to the appellant. Having regard to the fact that the observations made by higher Courts may influence the mind of the trial Judge, we do not wish to give any comments at this stage. However, we are satisfied that this was not a case where anticipatory bail granted to the appellant twice should have been set aside by the High Court virtually recording a finding of guilt against him.
4. However, in the facts and circumstances of the case, the appeal is allowed. The impugned judgment and order of the High Court is set aside. We further direct that any observation made in the order of the High Court or in our order passed today shall not be construed as expression of opinion on the merit it of the case.
5. The appellant shall comply with the conditions laid down in Section 438(2) of the Criminal Procedure Code and should make himself available for investigation whenever required by the Investigating Officer.