KAMAL GANESHLAL YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested on 07.12.2019 in connection with Crime No. 276 of 2019 registered with Vaziarabad Police Station, Nanded, for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code; Section 3 punishable under Section 25 of the Arms Act; and Section 3(1)(II), 3(2)(4)(5) of the Maharashtra Control of Organised Crime Act, 1999 ("M.C.O.C Act", for short)

(2.) Heard. Perused the FIR and the papers of investigation produced on record.

(3.) At the outset, it is to be noted that the applicant had preferred an application for anticipatory bail. On hearing the parties to the application, this Court was inclined to grant the applicant anticipatory bail. The application was reserved for orders. Inclination to protect the applicant was disclosed in open Court. Still, the Investigating Officer arrested the applicant. As a matter of discipline, the Investigating Officer ought to have awaited until passing of the order. Be that as it may.