Research › Search › Judgment

Bombay High Court · body

2013 DIGILAW 1878 (BOM)

Santosh Chavan v. State of Maharashtra

2013-09-16

R.C.CHAVAN

body2013
JUDGMENT :- This is an application for cancellation of bail granted to respondent No.2 by order dated 28th June, 2013 in Criminal Application No.933 of 2013. The applicant had applied for bail by filing Criminal Application No.1048 of 2012, which was allowed to be withdrawn after indicating that the applicant was not entitled to bail. The applicant again filed another application for bail bearing No.1470 of 2012. This application was rejected by order dated 25th October, 2012. 2. The applicant took the matter to the Supreme Court, who allowed the applicant to withdraw the petition by order dated 21st January, 2013. The applicant again approached this Court, by filing 265 of 2013, which was allowed to be withdrawn by order dated 11th March, 2013. 3. The applicant then filed Criminal Application No.933 of 2013 on 19th June, 2013. In this application, in para 3, the applicant had stated that it was his fourth application for bail. However, there is no reference to the withdrawal of the petition before the Supreme Court. 4. In para 11 of the application No.933 of 2013, the accused stated that the he has not filed any other application either in this Hon'ble Court or in the Hon'ble Supreme Court of India touching the subject matter of the present application. 5. The above application came to be allowed by order which is sought to be set aside. The observation of this Court in para Nos. 4, 5 and 6 of the order are reproduced below :– "4. The learned counsel for the applicant submitted that, in the present case the injured had sustained hardly a single injury which could be termed as grievous hurt. 5. The applicant is in custody since May, 2012. The trial has not yet commenced. The other two accused in this case have already been released on bail. 6. Considering all the relevant aspects of the matter, I think it fit to release the applicant on bail, subject to certain conditions". 6. Thus, it is clear that it was not brought to the notice of this Court that the applicant had already approached the Supreme Court and had withdrawn the petition. The learned counsel for the applicant states that the respondent No.2 had thus, sought to mislead the Court and obtained the order by suppressing the facts. 6. Thus, it is clear that it was not brought to the notice of this Court that the applicant had already approached the Supreme Court and had withdrawn the petition. The learned counsel for the applicant states that the respondent No.2 had thus, sought to mislead the Court and obtained the order by suppressing the facts. The learned counsel for the respondent No.2 submits that there is no such intention of suppressing any facts. The accused has categorically stated in para 3 of his bail application that it was his fourth application for bail. All the same, the fact that the accused-respondent No.2 had approached the Supreme Court and he was allowed to withdraw the petition has not been indicated by the accused and the accused had also made a contradictory statement in para 11 of the application stating that the accused had not filed any other application either in this Court or in the Supreme Court. Though the learned counsel for the respondent No.2 accused submits that this was inadvertent error, it is thoroughly impermissible. It was necessary for the accused and the learned counsel for the accused, to bring to the notice of this Court that the accused had already approached the Supreme Court and was allowed to withdraw the petition before the Supreme Court. Thus, the accused by suppressing material facts concerning previous attempts, obtained the order which would have to be set aside. Application is allowed. The order dated 28th June, 2013, passed by this Court in Criminal Application No.933 of 2013 is set aside. The Respondent No.2 Vidyadhar Baburao Daware, shall surrender to his bail within a period of one week and if he does not do so, the learned Additional Sessions Judge shall have him arrested and commit to prison. Application allowed.