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.