9911796707
TMI Blog2017 (9) TMI 2033X X X X Extracts X X X X X X X X Extracts X X X X ..... rder 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 the concerned court while travelling abroad was imposed by the learned Additional Sessions Judge while releasing the petitioner on bail, during the pendency of the trial. It is not pointed out, that the State at any point of time, had challenged this order, or prayed to get it modified from the same court by imposing additional conditions against the petitioner restricting his travel to foreign countries. The Red Corner look out notice is not pertaining to some other crime but it is in respect of the very same crime bearing No. 177 of 2016. Once the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnable forthwith. Heard finally by consent of parties. 2. Facts projecting from this petition vividly shows scant disregard to the judicial orders by police authorities. 3. The petitioner herein is accused in Crime No. 177 of 2016 registered with Azad Maidan Police Station for offences punishable 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner without imposing any condition restricting his travel to foreign country, he ought not to have been arrested by the police authorities in pursuant to the Red Corner notice issued during the course of investigation of the said crime. The learned senior counsel further 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistrate committed error of law in holding that the petitioner ought to have sought permission of the Metropolitan Magistrate prior to travelling abroad. No such fetters were imposed on his liberty by the superior court while releasing the petitioner on bail on 8th September 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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