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Issues involved: Application for transit anticipatory bail u/s 438 of Cr.P.C, 1973 in a case involving charges u/s 302, 120B, 34 of IPC and u/s 25 of Arms Act.
Summary: Issue 1: Application for transit anticipatory bail The applicant, Jawahar @ Suresh Bijlani, sought transit anticipatory bail fearing arrest in a case registered at police station Washi, Navi Mumbai. The charges against him included sections 302, 120B, 34 of IPC, and section 25 of Arms Act. The applicant, a resident of Indore, pleaded for bail to take care of his cancer-stricken, blind father aged 77 years, who required urgent surgery. The applicant claimed there was no direct or indirect evidence against him. Issue 2: Grant of transit bail After considering the circumstances, the court allowed the prayer for grant of transit bail. The applicant was directed to execute a personal bond of Rs.1,00,000/- and furnish one surety of equal value. The conditions imposed included making himself available for interrogation, refraining from influencing witnesses, and not leaving India without court permission. The transit bail was granted for a period of 60 days, until 15.7.2013. This judgment by the Madhya Pradesh High Court addressed the urgent need for transit anticipatory bail in a case involving serious charges, balancing the applicant's concerns for his father's health with the legal requirements for bail.
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