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november 2012

Supreme Court of India · 2012-11-26

Padmakar Tukaram Bhavnagare & Anr vs State Of Maharashtra & Anr

Citation / case number
AIRONLINE 2012 SC 563
Court
Supreme Court of India
Petitioner
Padmakar Tukaram Bhavnagare & Anr
Respondent
State Of Maharashtra & Anr
Bench
Ranjana Prakash Desai, Aftab Alam

Judgment text excerpt

The Supreme Court held that the cancellation of anticipatory bail under Section 438 of the Code of Criminal Procedure requires adherence to procedural mandates, including the necessity of hearing the Public Prosecutor as stipulated in Section 438(2). The Court found that the Additional Sessions Judge had erred in granting anticipatory bail without such a hearing, leading to the cancellation of the bail by the High Court. Consequently, the appeals by the accused against the High Court's order were dismissed, affirming the cancellation of anticipatory bail.

Padmakar Tukaram Bhavnagare & Anr vs State Of Maharashtra & Anr · Niyam