Criminal application filed by prosecution to cancel bail. Court observed breach of conditions but trial progressed. Court imposed stricter reporting conditions instead of cancelling bail.
Bail conditions modified; respondent directed to report daily to Ratnagiri Town Police Station; bail to stand cancelled automatically upon any default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.336 OF 2005
The State of Maharashtra ...Applicant
Versus
Nitin Shrikant Shetye ...Respondent
Mr.A.S.Gadkari, A.P.P. for Applicant.
Mr.H.S.Shreepad Murthy for Respondent.
CORAM: A.M.KHANWILKAR, J.
APRIL 12, 2005.
P.C.
1. Heard Counsel for the parties.
2. This Application is filed by the
prosecution for cancellation of bail operating in
favour of the Respondent. Respondent was released
on bail by this Court on 30th June 2003. Certain
conditions were imposed. According to the
prosecution, the Respondent has breached condition
requiring him not to enter jurisdiction of Lanja
: 2 :
Police Station.
3. It is the case of the prosecution that the
Respondent nevertheless was found within the
jurisdiction of Lanja Police Station on 20th May
2004 and in fact, came to be arrested in connection
with some other criminal case registered against
him for offence under Section 386, 387 and 120-B of
the Indian Penal Code. It is seen that the
Respondent has been released on bail in connection
with the said offence. The present Application for
cancellation has been filed almost after seven
months.
4. In the meantime, the trial of the criminal
case pending against the Respondent, in which he
has been released on bail, has already commenced
and 17 witnesses have already been examined by the
Trial Court. Only seven more witnesses are to be
examined. There is no allegation that the
Respondent intimated any prosecution witness or has
tried to influence those witnesses. Although the
lapse of the Respondent of entering into
: 3 :
jurisdiction of Lanja Police Station, even if on
one occasion, is sufficient ground to hold that he
has violated the condition, but for the peculiar
facts of the present case, as the Application for
cancellation is filed almost after seven months and
in the meantime, the trial has also progressed and
17 witnesses have been examined, instead of
cancelling the bail, in my opinion, it would be in
the interest of justice to pass the order, which I
propose, which I would refer to hereafter.
5. Learned A.P.P. brought to my notice that
there is one more violation of the bail condition
of the Respondent. He has failed to attend the
Registrar, Sessions Court, Ratnagiri, once in a
week, as was required under orders of the Court.
The Respondent has explained that only on two
dates, he could not remain present before the
Registrar, as he was apprehending arrest in respect
of a case where he was to be falsely implicated,
but lateron, he appeared before the Court and made
Application, whereon appropriate orders have passed
by the Court.
: 4 :
6. Accordingly, in addition to the conditions
already recorded in the order dated 30th June 2003,
this Application is disposed of requiring the
Respondent to abide by the conditions mentioned
herein as further conditions for bail already
operating in his favour.
7. The Respondent shall report to Ratnagiri
Town Police Station daily between 6.00 p.m. to
7.00 p.m., except on the dates when he is required
to attend the Court case on specified dates.
8. Even if Respondent commits one default,
that will be a ground to proceed to arrest the
Respondent, without further orders from this Court.
In other words, the order which I propose to pass
is a self operating order that the bail already
operating in favour of the Respondent shall stand
cancelled, even if he commits one default to attend
the concerned Police Station at Ratnagiri Town
Police Station under this order. The concerned
Police Officer shall give acknowledgement about the
attendance made by the Respondent on every date of
attendance and also require the Respondent to sign
: 5 :
the register to be maintained by the Ratnagiri Town
Police Station for this purpose.
9. This order will come into effect from 21st
April 2005, as I am informed that matter before the
Trial Court is fixed on 20th April 2005.
10. All concerned to act on an ordinary copy
of this order, duly authenticated by the Office.
A.M.KHANWILKAR, J.
1 issue framed by the court
Whether bail granted to the respondent should be cancelled due to breach of conditions and failure to report to police station.
The State of Maharashtra
Nitin Shrikant Shetye
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court