SUNDEEP KUMAR BAFNA Vs. STATE OF MAHARASHTRA
LAWS(SC)-2014-3-58
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on March 27,2014

Sundeep Kumar Bafna Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

CHANDRA PRAKASH VS. STATE OF UTTAR PRADESH [REFERRED TO]



Cited Judgements :-

URVESHBHAI BALDEVBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2014-12-3] [REFERRED TO]
STATE OF TAMIL NADU VS. MUNEESWARAN [LAWS(MAD)-2024-3-61] [REFERRED TO]
JAYSUKH @ JAYESH MULJIBHAI RANPARIYA (PATEL) VS. STATE OF GUJARAT [LAWS(GJH)-2016-10-26] [REFERRED TO]
RAKESH KUMAR GOSWAMI VS. STATE OF U.P. [LAWS(ALL)-2023-8-22] [REFERRED TO]
RANJIT KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-2-33] [REFERRED TO]
CHAMAN SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-3-55] [REFERRED TO]
MADAN LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-12-148] [REFERRED TO]
BALWINDER PAL SINGH @ BUNTY VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-11-45] [REFERRED TO]
MAHINDER PAL SINGH ALIAS RAJA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-11-100] [REFERRED TO]
RAJINDER KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-11-34] [REFERRED TO]
MANORAMA PATIAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-11-26] [REFERRED TO]
EKNATH CHINDHA PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-3-108] [REFERRED TO]
S.C. SHUKLA (NOW DEAD) SMT SUSHIL KUMARI AND OTHERS VS. STATE OF U.P. THR SECY. APPOINTMENT LKO AND ANOTHER [LAWS(ALL)-2017-7-285] [REFERRED TO]
MOHD. ABRAR VS. STATE OF U.P. [LAWS(ALL)-2020-10-77] [REFERRED TO]
ROGER SHASHOUA & OTHERS VS. MUKESH SHARMA & OTHERS [LAWS(SC)-2017-7-1] [REFERRED TO]
SAI HEMAJA AEROBRICKS PVT. LIMITED VS. STATE BANK OF INDIA [LAWS(TLNG)-2024-1-44] [REFERRED TO]
SUNIL KALLANI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-10-38] [REFERRED TO]
MANAGING DIRECTOR, CREST STEEL AND POWER LTD. VS. TARA CHAND AND ORS. [LAWS(HPH)-2015-9-21] [REFERRED TO]
KISHORE WADHWANI VS. STATE OF M.P. [LAWS(MPH)-2020-8-295] [REFERRED TO]
TATA COMMUNICATIONS LTD , THROUGH ITS ASSISTANT MANAGER (HR) V GEETHA VS. TELECOM REGULATORY AUTHORITY OF INDIA [LAWS(MAD)-2018-7-25] [REFERRED TO]
AYYAPPAN AND ORS. VS. STATE [LAWS(MAD)-2015-12-222] [REFERRED TO]
B K SUNDAR VS. STATE OF KARNATAKA [LAWS(KAR)-2014-7-205] [REFERRED TO]
KRISHNA S/O GOPAL RAMESH VS. STATE OF KARNATAKA [LAWS(KAR)-2018-10-27] [REFERRED TO]
MR.NIRMAL KUMAR KOTECHA VS. DIRECTORATE OF ENFORCEMENT [LAWS(TLNG)-2023-12-6] [REFERRED TO]
ALADDIN AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-2-36] [REFERRED TO]
BASRAM S/O RAMDEV VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-3-128] [REFERRED TO]
BALMUKUND DUBEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-12-4] [REFERRED TO]
RAM PREM VS. STATE OF U.P. [LAWS(ALL)-2023-7-49] [REFERRED TO]
IBRAHIM AHMED VALLI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2022-4-65] [REFERRED TO]
AGARWAL INDUSTRIES LTD. VS. UNION OF INDIA [LAWS(APH)-2016-6-26] [REFERRED TO]
NARA CHANDABABU NAIDU VS. STATE OF A.P [LAWS(APH)-2023-10-22] [REFERRED TO]
M/S RSPL LIMITED VS. MUKESH SHARMA & ANR [LAWS(DLH)-2016-8-8] [REFERRED TO]
COURT ON ITS OWN MOTION VS. STATE [LAWS(DLH)-2017-10-174] [REFERRED TO]
JITENDRA VS. STATE OF U.P. [LAWS(ALL)-2022-9-65] [REFERRED TO]
FAYIS VS. THE ASSISTANT POLICE COMMISSIONER AND ORS. [LAWS(KER)-2015-9-47] [REFERRED TO]
GANESH MISKIN VS. STATE OF KARNATAKA [LAWS(KAR)-2019-7-266] [REFERRED TO]
NITESH WADHWANI VS. STATE OF M.P. [LAWS(MPH)-2020-8-145] [REFERRED TO]
GULAB SINGH SOLANKI VS. STATE OF M P & OTHERS [LAWS(MPH)-2017-7-150] [REFERRED TO]
ARUN SHARMA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-12-7] [REFERRED TO]
JAGDISH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2022-5-3] [REFERRED TO]
HARISH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-11-239] [REFERRED TO]
RAMESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-2-8] [REFERRED TO]
PURNIMA HORE VS. STATE OF ASSAM [LAWS(GAU)-2023-3-50] [REFERRED TO]
ANAND TELTUMBDE VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-2020-2-243] [REFERRED TO]
GAUR PRATIBHA (THAKUR PRATIMA JAGATSINGH ) AND ORS VS. STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS [LAWS(BOM)-2019-4-37] [REFERRED TO]
ADAM NARSAYYA NARAYAN 34/260, BAPUJI NAGAR, "JODGALA", UTTAR SADAR BAZAAR, SOLAPUR VS. PRANITI SHINDE CANDIDATE OF THE INDIAN NATIONAL CONGRESS JAI JUI, 19, ASHOK NAGAR VIJAPUR ROAD, SOLAPUR [LAWS(BOM)-2017-3-68] [REFERRED TO]
YUNUSBHAI UMARBHAI MALEK VS. STATE OF GUJARAT [LAWS(GJH)-2019-5-219] [REFERRED TO]
SHANKAR GIMBA GAMIT VS. STATE OF GUJARAT [LAWS(GJH)-2018-1-279] [REFERRED TO]
AFTAB SAVANOOR VS. STATE OF GOA [LAWS(BOM)-2019-7-409] [REFERRED TO]
GURPREET SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-2-24] [REFERRED TO]
PREET KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-1-157] [REFERRED TO]
SARABJIT SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-1-70] [REFERRED TO]
DEVYA DHINGRA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-1-40] [REFERRED TO]
PAWAN DIXIT VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-1-52] [REFERRED TO]
NABI ALAM VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2021-6-74] [REFERRED TO]
AMIT GOYAL VS. STATE [LAWS(DLH)-2022-2-89] [REFERRED TO]
ONGC PETRO ADDITIONS LIMITED VS. FERNS CONSTRUCTION CO. INC. [LAWS(DLH)-2020-7-50] [REFERRED TO]
BHARAT SUDAMBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2020-11-22] [REFERRED TO]
BILAL AHMAD DAR VS. STATE & ORS. [LAWS(J&K)-2014-6-44] [REFERRED TO]
AUSTIN PAUL VS. STATE OF U.P. [LAWS(ALL)-2020-5-33] [REFERRED TO]
RAJESH KUMAR TANDON VS. STATE OF U.P [LAWS(ALL)-2021-10-61] [REFERRED TO]
SUNIL DAHIYA VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2016-10-51] [REFERRED TO]
SHEELA RAM VIDHANI VS. S. K. TRADING COMPANY [LAWS(BOM)-2021-6-81] [REFERRED TO]
BHAGYASHREE PRASHANT WASANKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-7-17] [REFERRED TO]
FRICK INDIA LTD VS. ION EXCHANGE ENVIRO FARMS LTD [LAWS(BOM)-2024-4-132] [REFERRED TO]
JOANA ROSE PHILOMINA MIRANDA VS. WESTERN PRE FAB PVT. LTD. [LAWS(BOM)-2024-2-128] [REFERRED TO]
VIRAL ENTERPRISES VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-6-17] [REFERRED TO]
P. CHIDAMBARAM VS. DIRECTORATE OF ENFORCEMENT [LAWS(DLH)-2019-11-84] [REFERRED TO]
AIRPORTS AUTHORITY OF INDIA VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2016-2-190] [REFERRED TO]
BALKRUSHNA SOPAN MAHANDULE VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-2016-10-251] [REFERRED TO]
ANANT HANUMANT ULAHALKAR AND ANR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-12-39] [REFERRED TO]
SACHIN @ BOBBY SAMBHAJI SHINDE VS. COMMISSIONER OF POLICE SOLAPUR [LAWS(BOM)-2017-10-8] [REFERRED TO]
ORISSA MINING CORP. LTD. VS. UNION OF INDIA, MINISTRY OF LABOUR [LAWS(ORI)-2020-9-19] [REFERRED TO]
SUSANTA KUMAR SAMANTARAY VS. STATE OF ODISHA [LAWS(ORI)-2023-12-84] [REFERRED TO]
IKBAL AHMAD ANSARI VS. MATLOOB HASAN AND ORS. [LAWS(UTN)-2015-5-54] [REFERRED TO]
VISWANATHAN VS. THE STATE OF ANDHRA PRADESH AND ORS. [LAWS(TLNG)-2018-12-66] [REFERRED TO]
STATE OF KERALA VS. PERIYAR PLYWOODS [LAWS(KER)-2020-10-295] [REFERRED TO]
ANNADURAI VS. INSPECTOR OF POLICE [LAWS(MAD)-2024-1-86] [REFERRED TO]
AMI CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-9-26] [REFERRED TO]
MANOHAR LAL SAINI AND ORS. VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2015-12-40] [REFERRED TO]
RAHUL PAREEK VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2016-5-122] [REFERRED TO]
M.R. SURESH KUMAR AND OTHERS VS. STATE [LAWS(MAD)-2017-1-150] [REFERRED TO]
BOWRING INSTITUTE VS. STATE OF KARNATAKA [LAWS(KAR)-2015-3-483] [REFERRED TO]
MAHARANA PARTAP CHARITABLE TRUST VS. STATE OF HARYANA [LAWS(P&H)-2014-12-48] [REFERRED TO]
RAKESH KUMAR GOYAL VS. GURTEJ SINGH SAHOTA AND ANOTHER [LAWS(P&H)-2016-12-157] [REFERRED TO]
MADRAS BAR ASSOCIATION VS. UNION OF INDIA AND ANOTHER [LAWS(SC)-2020-11-41] [REFERRED TO]
SHAH FAESAL VS. UNION OF INDIA [LAWS(SC)-2020-3-1] [REFERRED TO]
SECRETARY TO GOVT. OF KERALA, IRRIGATION DEPARTMENT VS. JAMES VARGHESE [LAWS(SC)-2022-5-10] [REFERRED TO]
STATE OF SIKKIM VS. TENZING BHUTIA [LAWS(SIK)-2020-11-10] [REFERRED TO]
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED VS. LAXMI PRASAD CHETTRI [LAWS(SIK)-2021-11-13] [REFERRED TO]
ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA VS. KAPIL WADHAWAN [LAWS(SC)-2023-3-143] [REFERRED TO]
STATE OF ODISHA VS. DASARATHI SAHOO [LAWS(ORI)-2024-5-156] [REFERRED TO]
JAMEEL AHMAD VS. RAJENDRA KUMAR & ANOTHER [LAWS(UTN)-2018-4-32] [REFERRED TO]
PRABHAKAR RAMCHANDRA DESAI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-6-156] [REFERRED TO]
SATYANARAYAN NANDKISHOR PANDE VS. VIJAYKUMAR GULABCHAND SARDALABIC [LAWS(BOM)-2018-12-152] [REFERRED TO]
AMANPREET SINGH VS. STATE (NCT OF DELHI) [LAWS(DLH)-2018-6-50] [REFERRED TO]
RAKESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-2-20] [REFERRED TO]
JAVED VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-1-120] [REFERRED TO]
NARAYANASWAMY VS. STATE OF KARNATAKA THROUGH SUPERINTENDENT OF POLICE KARNATAKA [LAWS(KAR)-2017-5-29] [REFERRED TO]
GURMEET SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-7-153] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. JOY SHREE KAKATI [LAWS(GAU)-2017-9-16] [REFERRED TO]
SURESH A.P. VS. CIRCLE INSPECTOR OF POLICE AND ORS. [LAWS(KER)-2016-1-39] [REFERRED TO]
ROSHAN NARAYANAN, C.S. VS. AUTHORIZED OFFICER, CENTRAL BANK OF INDIA AND ANOTHER [LAWS(KER)-2017-6-47] [REFERRED TO]
KAUSHLYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-4-92] [REFERRED TO]
ANANT H. ULAHALKAR & ANR. VS. CHIEF ELECTION COMMISSIONER AND ORS. [LAWS(BOM)-2016-12-162] [REFERRED TO]
AIHAANA ACHARIYA SHARMA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-1-257] [REFERRED TO]
RANVEER SINGH VS. N.C.T. OF DELHI [LAWS(DLH)-2017-1-175] [REFERRED TO]
SRI BIJON MUKHERJEE VS. THE STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2018-7-420] [REFERRED TO]
UNION OF INDIA AND OTHERS VS. M/S. VENUS ENGINEERING CONCERN PVT. LTD. [LAWS(CAL)-2017-2-37] [REFERRED TO]
PARSHURAM VS. STATE OF U. P. [LAWS(ALL)-2022-12-102] [REFERRED TO]
VIRENDRA SHARMA VS. STATE OF U.P. [LAWS(ALL)-2016-10-97] [REFERRED TO]
GEETA DEVI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-7-249] [REFERRED TO]
KARNAIL SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-1-110] [REFERRED TO]
PINKU SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-2-19] [REFERRED TO]
MANDEEP KUMAR VS. STATE OF H.P [LAWS(HPH)-2018-1-39] [REFERRED TO]
SACHIN DATTA RATHOD VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-1-45] [REFERRED TO]
RAM KISHOR ARORA VS. DIRECTOR, DIRECTORATE OF ENFORCEMENT [LAWS(DLH)-2023-9-95] [REFERRED TO]
SAURABH BALI VS. STATE [LAWS(DLH)-2021-7-28] [REFERRED TO]
BRISTOL-MYERS SQUIBB IRELAND UNLIMITED COMPANY VS. MICRO LABS LIMITED [LAWS(DLH)-2021-8-116] [REFERRED TO]
ABRAHAM GEORGE VS. SERIOUS FRAUD INVESTIGATION OFFICE [LAWS(DLH)-2024-3-11] [REFERRED TO]
SATYANARAYAN NANDKISHORE PANDE VS. VINAY JAGDISHCHANDRA PANDE [LAWS(BOM)-2018-12-137] [REFERRED TO]
KALPESH MAHENDRABHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2016-10-134] [REFERRED TO]
VINODBHAI RAMJIBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2016-12-65] [REFERRED TO]
DUX JITENDRABHAI PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2017-8-282] [REFERRED TO]
NATIONAL MULTI COMMODITY EXCHANGE OF INDIA LTD VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-286] [REFERRED TO]
AFROZ MOHMAD HASANFATTA VS. DEPUTY DIRECTOR [LAWS(GJH)-2015-10-5] [REFERRED TO]
THE STATE OF MADHYA PRADESH VS. MANOJ KUMAR UIKE [LAWS(MPH)-2015-4-27] [REFERRED TO]
SHAILESH BHANWARLAL BHANDARI VS. STATE OF GUJARAT [LAWS(GJH)-2023-1-1838] [REFERRED TO]
LYKA LABS LIMITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-3-15] [REFERRED TO]
NISHU WADHWA VS. SIDDHARTH WADHWA & ANR [LAWS(DLH)-2017-1-60] [REFERRED TO]
POOJA VS. NARENDER KUMAR SHARMA & ORS. [LAWS(DLH)-2017-9-236] [REFERRED TO]
IMRAN VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2016-11-46] [REFERRED TO]
GAGAN RAHANGDALE VS. STATE OF CHHATTISGARH [LAWS(CHH)-2024-1-66] [REFERRED TO]
BALARAM LAYEK VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-12-201] [REFERRED TO]
SHRI. PRAKASH GOBINDRAM AHUJA VS. GANESH PANDHARINATH DHONDE [LAWS(BOM)-2016-10-6] [REFERRED TO]
CHANDRAPAL SINGH VS. STATE OF U. P. [LAWS(ALL)-2023-11-74] [REFERRED TO]
RAJESH KUMAR TANDON VS. STATE OF U.P. [LAWS(ALL)-2021-10-6] [REFERRED TO]
ADARSH SHIKSHA PARISHAD SAMITI VS. GAJANAND SHARMA [LAWS(RAJ)-2022-5-199] [REFERRED TO]
DLF LIMITED VS. SECURITIES AND EXCHANGE BOARD OF INDIA [LAWS(SB)-2014-12-3] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [LAWS(SC)-2017-10-44] [REFERRED TO]
STATE OF KERALA VS. C. KUNHIKKAMMA [LAWS(KER)-2024-2-247] [REFERRED TO]
STATE OF KERALA VS. C. KUNHIKKAMMA [LAWS(KER)-2024-3-188] [REFERRED TO]
NITIN RAJ VERMA VS. DIRECTOR GENERAL OF POLICE [LAWS(PAT)-2017-11-117] [REFERRED TO]
KAMLADITYA CONSTRUCTION PVT LTD VS. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY [LAWS(PAT)-2019-5-34] [REFERRED TO]
DHARIWAL INDUSTRIES LTD. VS. KISHORE WADHWANI [LAWS(SC)-2016-9-60] [REFERRED TO]
VIJAY KUMAR NAIR VS. STATE OF M.P. [LAWS(MPH)-2020-8-149] [REFERRED TO]
RAHUL KUMAR VS. STATE OF M.P. [LAWS(MPH)-2021-8-73] [REFERRED TO]
SHRI. NARAYANASWAMY VS. THE STATE OF KARNATAKA [LAWS(KAR)-2017-5-20] [REFERRED TO]
VANIAMKULAM PANCHAYATH VANITHA SAHAKARANA SANGHAM LTD VS. THE KERALA CO-OPERATIVE TRIBUNAL [LAWS(KER)-2016-3-133] [REFERRED TO]
GOA POLLUTION CONTROL BOARD VS. GOVERNMENT OF GOA [LAWS(BOM)-2023-2-110] [REFERRED TO]
KARTI P CHIDAMBRAM VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2018-3-115] [REFERRED TO]
RAKESH MISHRA VS. STATE OF U. P. [LAWS(ALL)-2023-4-197] [REFERRED TO]
SATARUPA BHATTACHARYA VS. ENFORCEMENT DIRECTORATE [LAWS(CAL)-2023-8-149] [REFERRED TO]
DUNI CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-7-4] [REFERRED TO]
PRABHAT KUMAR SRIVASTAVA VS. SERIOUS FRAUD INVESTIGATION OFFICE [LAWS(DLH)-2021-3-158] [REFERRED TO]
NURUL ISLAM VS. STATE OF ASSAM [LAWS(GAU)-2019-7-22] [REFERRED TO]
NIRMAL KUMAR KOTECHA VS. DIRECTORATE OF ENFORCEMENT [LAWS(TLNG)-2023-12-32] [REFERRED TO]
REJANISH K.V. VS. K.DEEPA [LAWS(KER)-2020-10-116] [REFERRED TO]
PILLAPPAN @ RAVIKUMAR VS. STATE [LAWS(MAD)-2018-4-27] [REFERRED TO]
ASHOK DAGAR VS. STATE OF MP [LAWS(MPH)-2020-7-348] [REFERRED TO]
ARUN SHARMA VS. STATE OF M.P. [LAWS(MPH)-2020-11-81] [REFERRED TO]
VISHWA CHANDUBHAI PATEL VS. UNION OF INDIA [LAWS(BOM)-2021-1-192] [REFERRED TO]
BANK OF BARODA VS. GOPAL SHRIRAM PANDA [LAWS(BOM)-2021-3-50] [REFERRED TO]
RAJ CHAWLA AND CO. STOCK AND SHARE BROKERS VS. NINE MEDIA AND INFORMATION SERVICES LTD. [LAWS(DLH)-2023-1-194] [REFERRED TO]
VIKRAM SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-1-48] [REFERRED TO]
J.RAJESH KUMAR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KER)-2021-10-88] [REFERRED TO]
MANOJ KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-1-117] [REFERRED TO]
MOHD SHAHID VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-2-26] [REFERRED TO]
MAST RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-2-27] [REFERRED TO]
RAVI BASNET VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-11-124] [REFERRED TO]
YASHPAL VS. NARCOTICS CONTROL BUREAU [LAWS(HPH)-2017-12-52] [REFERRED TO]
YOGESH VS. STATE OF U.P. [LAWS(ALL)-2021-9-50] [REFERRED TO]
HINISH RAMCHANDANI AND ORS. VS. THE STATE OF U.P. AND ORS. [LAWS(ALL)-2016-3-68] [REFERRED TO]
EXXON MOBIL CORPORATION AND ANR VS. P K SEN [LAWS(CAL)-2018-9-85] [REFERRED TO]
YUVRAJ SITARAM DHAMALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-1-136] [REFERRED TO]
KRISHNA SOBTI VS. STATE [LAWS(DLH)-2016-5-237] [REFERRED TO]
G P ISPAT PRIVATE LIMITED VS. AUTHORIZED OFFICER AND CHIEF MANAGER STATE BANK OF INDIA [LAWS(CHH)-2016-12-44] [REFERRED TO]
RAM PREM VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2023-7-119] [REFERRED TO]
RAJENDRA PRASAD SHARMA VS. STATE OF U.P. [LAWS(ALL)-2023-8-17] [REFERRED TO]
CAPT (RETD ) O P SHARMA & ANR VS. KAMLA SHARMA & ORS [LAWS(DLH)-2008-3-387] [REFERRED]
RAYMOND UCO DENIM PRIVATE LTD. VS. PRAFUL WARADE [LAWS(BOM)-2021-8-87] [REFERRED TO]
FIROZ KHAN S/O FARUKH KABADI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-2-98] [REFERRED TO]
PRAKASH C. SHETH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-2-318] [REFERRED TO]
DHEERAJ WADHAWAN VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2020-11-170] [REFERRED TO]
ROY ROSARIO FERNANDES VS. STATE OF GOA, THROUGH PUBLIC PROSECUTOR, HIGH COURT, PANAJI, GOA [LAWS(BOM)-2017-9-198] [REFERRED TO]
IN THE HIGH COURT OF HIMACHAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-12-11] [REFERRED TO]
ANIL KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-12-105] [REFERRED TO]
DHARMANDER SINGH VS. STATE (GOVT OF NCT, DELHI) [LAWS(DLH)-2020-9-156] [REFERRED TO]
MEDICAL COUNCIL OF INDIA (MCI) VS. S.R. EDUCATIONAL AND CHARITABLE TRUST AND ORS. [LAWS(KER)-2015-1-268] [REFERRED TO]
AMIT VYAS VS. PRAMILA [LAWS(RAJ)-2022-5-397] [REFERRED TO]
SAUBHAGYA BHAGAT VS. STATE OF UTTARAKHAND [LAWS(UTN)-2023-8-1] [REFERRED TO]
USHA K MADALLI VS. STATE OF KARNATAKA; PRIYANKA ANGUR [LAWS(KAR)-2016-2-424] [REFERRED]
SELVAM VS. STATE [LAWS(MAD)-2024-6-30] [REFERRED TO]
SIVA VALLABHANENI VS. STATE OF KARNATAKA [LAWS(KAR)-2018-5-12] [REFERRED TO]
KRISHNA KUMAR MISHRA VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-2-118] [REFERRED TO]
RANA MARBLE AND MINES, BHAKHARO KI DHANI, MAKRANA, DISTRICT VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-4-235] [REFERRED TO]
AKASH VERMA AND ANOTHER VS. STATE OF HARYANA AND OTHER [LAWS(P&H)-2018-11-34] [REFERRED TO]
RAM KISHOR ARORA VS. DIRECTORATE OF ENFORCEMENT [LAWS(SC)-2023-12-28] [REFERRED TO]
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JUDGEMENT

VIKRAMAJIT SEN, J. - (1.)LEAVE granted.
(2.)A neat legal nodus of ubiquitous manifestation and gravity has arisen before us. It partakes the character of a general principle of law with significance sans systems and States. The futility of the Appellant 's endeavours to secure anticipatory bail having attained finality, he had once again knocked at the portals of the High Court of Judicature at Bombay, this time around for regular bail under Section 439 of the Code of Criminal Procedure (CrPC), which was declined with the observations that it is the Magistrate whose jurisdiction has necessarily to be invoked and not of the High Court or even the Sessions Judge. The legality of this conclusion is the gravemen of the appeal before us. While declining to grant anticipatory bail to the Appellant, this Court had extended to him transient insulation from arrest for a period of four weeks to enable him to apply for regular bail, even in the face of the rejection of his Special Leave Petition on 28.1.2014. This course was courted by him, in the event again in vain, as the bail application preferred by him under Section 439 CrPC has been dismissed by the High Court in terms of the impugned Order dated 6.2.2014. His supplications to the Bombay High Court were twofold; that the High Court may permit the petitioner to surrender to its jurisdiction and secondly, to enlarge him on regular bail under Section 439 of the Code, on such terms and conditions as may be deemed fit and proper.
In the impugned Judgment, the learned Single Judge has opined that when the Appellant 's plea to surrender before the Court is accepted and he is assumed to be in its custody, the police would be deprived of getting his custody, which is not contemplated by law, and thus, the Appellant ''is required to be arrested or otherwise he has to surrender before the Court which can send him to remand either to the police custody or to the Magisterial custody and this can only be done under Section 167 of CrPC by the Magistrate and that order cannot be passed at the High Court level. '' Learned Senior Counsel for the Appellant have fervidly assailed the legal correctness of this opinion. It is contended that the Magistrate is not empowered to grant bail to the Appellant, since he can be punished with imprisonment for life, as statutorily stipulated in Section 437(1) CrPC; CR No.290 of 2013 stands registered with P.S. Mahim for offences punishable under Sections 288, 304, 308, 336, 388 read with 34 and Section 120 -B of IPC. Learned Senior Counsel further contends that since the matter stands committed to Sessions, the Magistrate is denuded of all powers in respect of the said matter, for the reason that law envisages the commitment of a case and not of an individual accused.

(3.)WHILE accepting the Preliminary Objection, the dialectic articulated in the impugned order is that law postulates that a person seeking regular bail must perforce languish in the custody of the concerned Magistrate under Section 167 CrPC. The Petitioner had not responded to the notices/summons issued by the concerned Magistrate leading to the issuance of non -bailable warrants against him, and when even these steps proved ineffectual in bringing him before the Court, measures were set in motion for declaring him as a proclaimed offender under Section 82 CrPC. Since this was not the position obtaining in the case, i.e. it was assumed by the High Court that the Petitioner was not in custody, the application for bail under Section 439 of CrPC was held to be not maintainable. This conclusion was reached even though the petitioner was present in Court and had pleaded in writing that he be permitted to surrender to the jurisdiction of the High Court. We shall abjure from narrating in minute detail the factual matrix of the case as it is not essential to do so for deciding the issues that have arisen in the present Appeal. Relevant Provisions in the CrPC Pertaining to Regular Bail:


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