Application for cancellation of bail granted on merits was rejected. The Court held that no offence was committed after bail grant and the earlier false statement issue did not affect the current bail order.
Application for cancellation of bail granted to Respondent/Accused No.1 is rejected.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION.
CRIMINAL APPLICATION NO.78 OF 2007
IN
CRIMINAL APPEAL NO.602 OF 2005
Shri Prakash @ Appa Haribhau ] Applicant
Londhe ] Org.Complainant
versus
Shri Gorak Baban Kankate
and others. ] Respondents.
Mr.Anil Dhavale i/by Mr.S.P.Hulyalkar for the
applicant - original complainant.
Mr.O.A.Siddiqui for Respondent No.1.
Mr.P.S.Hingorani, APP, for the State.
CORAM : D.G.DESHPANDE
SMT.NISHITA MHATRE, JJ.
DATED : JUNE 13, 2007.
P.C.
1. This is an application filed by original
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complainant Prakash Londhe for cancellation of
bail granted to Respondent/Accused No.1 - Gorakh
Baban Kankate by the Division Bench of this Court
by an order dated 9th August 2006.
2. We heard learned advocate for the
complainant, learned advocate for respondent -
accused No.1 Gorak and learned APP for the State.
3. It was contended by the learned advocate
for the complainant that for C.R.No.64 of 2002,
accused No.1 Gorak came to be arrested on
2.3.2002. Accused No.1 Gorak came to be released
by the trial Court between 7.7.2004 and
29.07.2004. While on bail, i.e. on 4.9.2004,
accused No.1 Gorak along with others committed
offences under Section 384, 357, 387, 323, 504,
506 r/w 34 of the Indian Penal Code and C.R.
No.237 of 2004 at Loni Kalbhor Police Station,
Pune came to be registered against them and they
were arrested in that offence on 8.9.2004. Then
accused No.1 Gorak was again released on
temporary bail and then came to be convicted by
the trial Court in the present sessions case
against which an appeal is filed.
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4. According to the learned advocate for the
complainant, since accused No.1 Gorak committed
offences while on bail and since he made certain
wrong statements in his Application No.742 of
2006, which was decided by the Division Bench of
this Court in his favour on 9.8.2006, his bail
should be cancelled.
5. We are not in agreement with the
submissions made by the learned advocate for the
applicant/complainant. Because after granting
bail by this Court on 9.8.2006, accused No.1
Gorak has not committed any offence, at least
nothing was pointed out to us in that regard.
6. According to the complainant, however,
when his bail application was being heard,
accused No.1 Gorak made false representation that
when he filed the bail application he was inside
the jail and, therefore, false statement
dis-entitles him from continuing to remain on
bail.
7. While granting bail to accused No.1
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Gorak, no such statement was made before us by
the advocate for the accused Gorak and there was
no occasion for the APP to meet those
contentions. Bail was granted to accused No.1
Gorak on merits of the case and for the alleged
commission of offence on 4.9.2004, when accused
Gorak was on bail during trial, the bail granted
by this Court on 9.8.2006 cannot be cancelled.
There is no merit in this application. It is
rejected.
[D.G.DESHPANDE,J]
[SMT.NISHITA MHATRE, J]
2 issues framed by the court
Whether bail granted by the High Court on merits should be cancelled solely on allegations that the accused made false statements during pending bail proceedings.
Whether prior misconduct or false statements made while another bail application was pending justify cancellation of a subsequently granted bail order.
1 provisions across 1 enactments
Shri Prakash @ Appa Haribhau Londhe
Shri Gorak Baban Kankate
D.G.Deshpande
Smt.Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court