Team Herald
PANJIM: The High Court of Bombay at Goa has held that Crime Branch’s (CB) petition challenging former chief minister Digambar Kamat’s anticipatory bail is maintainable and has posted arguments on the petition for Thursday.
The CB had moved an application seeking quashing the special court’s order granting Kamat anticipatory bail on technical grounds. The prosecution pleaded cancellation of the anticipatory bail under Section 439(2) read with Section 482 of CrPC.
“Looking to the facts and circumstances of the case, I am of the opinion that to examine the legality, correctness of the order passed by the learned Special Judge, this Court has power under the provisions of Section 482 of the CrPC. Therefore, present application is maintainable,” the single judge bench of Justice K L Wadane observed.
Kamat, through senior counsel Surendra Desai, in his affidavit in reply had raised preliminary objections on the maintainability of the application on grounds that unless and until he is admitted to bail, CB cannot challenge the order under Section 439(2) of CrPC.
He had also raised objection to advance the argument on the merits of the case and, therefore insisted that the question of maintainability of the application be decided first. The Court had thereafter heard arguments on the limited aspect last week.
