2020 (3) ABR (Cri) 161 ::AIROnline 2020 Bom 1009

Bombay High Court

Hon'ble Judge(s): Nutan D. Sardessai , J

Criminal P.C. (2 of 1974) , S.24, S.302, S.438— Public prosecutor - Role of intervener - Bail proceedings - Sister of deceased seeking to intervene in application for bail filed by accused, by bringing forth all facts relating to death of her brother - Only Public Prosecutor conducts prosecution on behalf of State - Intervenor cannot claim that intervention application has to be seen and examined beyond role of public prosecutor envisaged u/S. 24 CrPC - Role of public prosecutor cannot be brushed aside only on premise that S. 438 is a standalone provision - Role of intervenor is limited only to assisting prosecution by filing written arguments without any independent right of hearing. (Para 19 20)