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of <h1>Supreme Court reinstates bail for accused 6 and 7, highlights importance of custodial interrogation and proper discretion</h1> <h3>Padmakar Tukaram Bhavnagare and Ors Versus The State of Maharashtra and Ors</h3> Padmakar Tukaram Bhavnagare and Ors Versus The State of Maharashtra and Ors - TMI Issues involved: The judgment involves the cancellation of anticipatory bail granted to accused 6 and 7 by the High Court, based on allegations of harassment leading to suicide, theft of gold ornaments, and interference with the course of justice.Details of the Judgment:Issue 1: Allegations of Harassment and Suicide The complainant alleged that accused 6 and 7 threatened the deceased and accused 5, leading to suicide. The deceased was disturbed due to non-return of money by Baban Devlate and accused 5 taking away jewelry. The High Court canceled the bail, citing the need for custodial interrogation and improper exercise of discretion.Issue 2: Legal Considerations for Bail Cancellation The High Court emphasized the requirement to hear the Public Prosecutor before granting bail under Section 438 of the Code of Criminal Procedure. It found the objections of the investigating agency not adequately considered and highlighted the need for custodial interrogation due to the nascent stage of the investigation.Issue 3: Court's Analysis and Decision The Supreme Court refrained from expressing a final opinion on the case's merits but found the suicide notes' contents regarding accused 6 and 7 to be prima facie unnatural. It disagreed with the High Court's reliance on a previous case involving a former Minister, stating that the present accused were not influential individuals hindering the investigation.Conclusion: The Supreme Court quashed the High Court's order and confirmed the anticipatory bail for accused 6 and 7. It emphasized the importance of cooperation with the investigating agency and adherence to imposed conditions. The Court's observations on the case were deemed prima facie, and the trial court was directed to decide without influence from these observations.
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