The Court vacated interim bail and dismissed the application because the applicant failed to deposit Rs. 40 lakh as promised, rendering his earlier statement false.
Interim relief granted on 20th February 2018 was vacated. The application was dismissed.
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.
6-aba304.18.sxw
ssm 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 304 OF 2018
Azimuddin Bismillah Shaikh Vs.
State of Maharashtra
….Applicant.
….Respondent.
Mr. Sachin Chandan for the Applicant. Mr. S.S. Hulke APP, for the Respondent-State.
CORAM : A. S. GADKARI, J. DATE : 13th JUNE, 2018.
P.C.:-
The Applicant, through his counsel, had made a statement before this Court on 20th February 2018 that he will deposit the alleged defalcated amount of Rs.40,00,000/- in the Registry of this Court on or before 28th February, 2018. The note put up by the Registry mentions that the Applicant till date has not deposited the said amount. Thus, it is clear that with a view to procure the interim relief, the Applicant had made a false statement before this Court.
2 As the Applicant has failed to honour his statement made before this Court on 20th February 2018, the interim relief granted by this Court by order dated 20th February 2018 is hereby vacated.
3 As a consequence thereof, the Application is dismissed.
1/1
3 issues framed by the court
Whether the interim anticipatory bail relief granted to the applicant should be vacated upon his failure to deposit the alleged defalcated amount as stated before the Court.
Whether the application for anticipatory bail ought to be dismissed given the applicant's dishonesty in not depositing the cited sum of Rs. 40,00,000/-.
What is the consequence of the applicant making a false statement regarding the deposit of money while seeking interim bail.
Azimuddin Bismillah Shaikh
State of Maharashtra
A. S. Gadhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
