Dismissed

The State of Maharashtra and Anr. v. Jawahar Shantilal Shah

Bombay HC13 Jan 2011APPLN/2338/2008

Case brief

AI extract

What is this about?

In a criminal appeal, the High Court dismissed an application questioning a previous order granting anticipatory bail. The court held there was no material to suggest the bail order was based on a fabricated certificate and no ground for interference existed. The matter was remitted for expeditious disposal.

What did the court decide?

Application for cancellation of bail dismissed; matter remanded for expeditious disposal.

The State of Maharashtra and Anr. Vs Jawahar Shantilal Shah — Anticipatory Bail | Bombay HC (2011)

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CR.APL NO.2338/2008

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FARAD CONTINUATION SHEET NO.

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE, BENCH AT AURANGABAD

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CRI.APPLN/ 2338/2008 (THE STATE OF MAHARASHTRA AND ANR V/S

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J AWAHAR SHANTILAL SHAH ) In APPLN/1426/2008)

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Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders

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 Orders

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Mr. V.H.Dighe, APP and

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Mr.N.V.Bhavar, Adv., to assist
A.P.P.,for the applicant.
Mr.S.S.Jadhav, Adv., for
respondent.

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...

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CORAM: K.U.CHANDIWAL, J.

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DATE: 13.1.2011

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1.Heard. Grant of relief in terms
of Section 438 Cr.P.C. by this Court to
respondent Jawahar Shah is questioned
by the State as well as Liquidator of
the Bank. The principal contention is
in internal page no.12 of the order of
this Court dt.30.4.2008 (referring to
para 13 thereof). There is

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observation, "however, he has filed a
certificate showing that the loan
amount is repaid by him". The Court
further observed, "if the certificate
filed by him is to be controverted and
to be disputed, then the State is at
liberty to apply for cancellation of
the bail if it is found to be false
one". Naturally, the State has to

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CR.APL NO.2338/2008

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inform that the certificate is a false
preparation. There is no averment
anywhere in the application of the
State or of the Bank that the said
certificate is false. Several other
contentions raised by Mr.Bhavar,
pointing liability of each of the
Director or observation of this Court
insubsequentorderdt.3.7.2008
concerning Chairman of the Bank, has no
relevance to the controversy at hand.

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2.To repeat, there is nothing to
suggest that based on a fabricated
certificate dt.28th April, 2004, this
Court was swayed in passing orders in
favour of the respondent. No situation
to interfere with the order releasing
the said respondent on pre-arrest bail.

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3.Application dismissed. Since
matter is quite old, the learned Judge
seized with the criminal prosecution
shall ensure its expeditious disposal.

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(K.U.CHANDIWAL)
 JUDGE

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...

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AGP/2338-08crapl

The State of Maharashtra and Anr. v. Jawahar Shantilal Shah

Case brief

What is this about?

What did the court decide?

The State of Maharashtra and Anr. v. Jawahar Shantilal Shah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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