State And Others vs E. Veeramani on 19 October, 1994
9. A persual of the order Crl.M.P. No. 3238 of 1994 discloses that learned Public Prosecutor had endorsed the arguments put forward by the counsel for the petitioner and he had no serious objection for the release of the petitioner Rama v. Dattatraya, 1981 Crl LJ 1605 was cited in this court by learned Additional Public Prosecutor wherein a single Judge of Bombay High Court has cancelled the bail granted on the concession made by the Public Prosecutor. Learned Judge has held that public Prosecutor was not justified in telling the court that he did not oppose the application for bail because he had instrutions to that effect from the Investigating Officer. It is his duty to see whether the instructions given to him are proper and warranted by the materials collected in the course of investigation, and if he finds that instructions are not proper, it is his duty to place before the court in a fair manner the material that has been collected in the course of investigation and to request the court to pass such orders as are warranted by the materials on records.