RUSHIKESH TANAJI BHOITE versus STATE OF MAHARASHTRA & ORS.

RUSHIKESH TANAJI BHOITE versus STATE OF MAHARASHTRA & ORS.

Detention order is invalid as the bail order granted in favour of the detenu on August 15, 2010 was neither placed before nor considered by the detaining authority at the time of passing the order of detention, and other offences referred to lack proximity to the detention order.

Parties
Appellant: Rushikesh Tanaji Bhoite; Respondents: State of Maharashtra & Ors.; Detenu: Tanaji Keshavrao Bhoite; Respondent: Respondent No.4
Jurisdiction
India
Judgment Date
04 January 2012
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment and Order
Outcome
Appeal allowed; detention order set aside; detenu ordered to be released forthwith.
Legal Topics
Preventive Detention, Legality of Detention Order, Non Consideration of Bail Order, Proximity of Offences to Detention Order
Criminal Law Preventive Detention Legality of Detention Order Non Consideration of Bail Order Proximity of Offences to Detention Order

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Parties

Rushikesh Tanaji Bhoite

Appellant

State of Maharashtra & Ors.

Respondents

Tanaji Keshavrao Bhoite

Detenu

Respondent No.4

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment and Order

Legal Issues

  1. 1 Whether detention order is invalid due to non-placing and non-consideration of bail order before detaining authority
  2. 2 Whether offences referred to in detention order are proximate to order of detention

Ratio Decidendi

Detention order is invalid as the bail order granted in favour of the detenu on August 15, 2010 was neither placed before nor considered by the detaining authority at the time of passing the order of detention, and other offences referred to lack proximity to the detention order.

Court Disposition

Appeal allowed; detention order set aside; detenu ordered to be released forthwith.

Orders

  • Order dated May 13, 2011 of Bombay High Court, Aurangabad Bench, Aurangabad set aside.
  • Detenu Tanaji Keshavrao Bhoite ordered to be released forthwith, if not required in any other case.