9911796707
TMI Blog2017 (9) TMI 2033X X X X Extracts X X X X X X X X Extracts X X X X ..... able under Sections 419, 170, 183, 186 and 120 B of the IPC. The petitioner was arrested in the said crime on 26th July 2016 and was produced before the learned Metropolitan Magistrate, 37th Court, Esplanade, Mumbai. After rejection of his bail application by the learned Metropolitan Magistrate, he preferred an application under Section 439 of the Code of Criminal Procedure (Cr.P.C.) before the learned Sessions Judge for Greater Bombay, Mumbai. The said application was registered as Bail application No. 1737 of 2016 and after hearing the parties, by order dated 8th September 2016, the same came to be allowed with the following order : "ORDER 1. The application is hereby allowed. 2. The applicant be released on his executing P.R. Bond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r argued that unless and until the bail granted by the Additional Sessions Judge is cancelled by the same court, or some superior court, the petitioner cannot be kept behind bars. 6. The learned APP attempted to justify the action of arrest of the petitioner with a reason that Red Corner notice was issued by the Investigator. 7. I have carefully considered the rival submissions. 8. After his arrest in Crime No. 177 of 2016, the petitioner was directed to be released on bail by the learned Additional Sessions Judge, Greater Bombay, Mumbai, vide his order dated 8th September 2016 passed in Bail Application No. 1737 of 2016. It is seen from the said order that no condition prohibiting the petitioner to travel abroad or to seek permission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 2016. In this view of the matter, the impugned order dated 19th August 2017 cannot be sustained. In the result, the following order :
ORDER
"i) The petition is allowed.
ii) The impugned order dated 19th August 2017 passed by the learned Metropolitan Magistrate, 64th Court, Esplanade, Mumbai, in Bail Application of the petitioner dated 18th August 2017 in Criminal Case No. 596/PW/2016 is quashed and set aside.
iii) The petitioner should be released forthwith as he is on bail in pursuant to order dated 8th September 2016 passed by the learned Additional Sessions Judge, Greater Bombay, Mumbai, in Bail Application No. 1737 of 2016.
iv) Rule is made absolute in above terms and the petition is disposed of accordingly." X X X X Extracts X X X X X X X X Extracts X X X X
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