In a second anticipatory bail application following an unconditional withdrawal, the Court held that repeated filing without change of circumstances constitutes abuse of process. The application was not entertained and dismissed with an award of costs.
Application dismissed; cost of Rs. 30,000 awarded to the State.
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.
10-ABA-298-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 298 OF 2021
Amardip Babaso Dhanawade .... Applicant Versus The State of Maharashtra .... Respondent
Mr. Prashant Pandey a/w Ashray Dave i/b Shraddha Raut, for the applicant.
Mr. S.H. Yadav, APP for the State/Respondent.
Mr. Gaurav Bhawnani i/b Wahab Khan for Intervenor.
CORAM:SARANG V. KOTWAL, J. DATE :26th FEBRUARY 2021
P.C. :
to seek order of anticipatory bail from this Court. On the previous occasion he had approached this Court vide Anticipatory Bail Application No. 15 of 2021. In that application following order was passed on 7/1/2021.
“1. After arguing for some time, when I expressed my disinclination to grant relief, the learned counsel for the Applicant prays for unconditional withdrawal of this application. 2.Permission is granted. Application is allowed to be withdrawn unconditionally and is disposed of as such.”
y.s.patil
1 of 2
10-ABA-298-2021.odt
ORDER
(SARANG V. KOTWAL, J.)
y.s.patil
2 of 2
2 issues framed by the court
Whether to entertain a second anticipatory bail application where the first was withdrawn unconditionally.
Whether repeated filing without change of circumstances amounts to abuse of process of law.
Amardip Babaso Dhanawade
The State of Maharashtra
Saranj V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
