Case Note & Summary
The Bombay High Court at Nagpur was hearing a criminal writ petition filed by the State of Maharashtra seeking cancellation of bail granted to the petitioner, Shubham @ Bhaiyyalal s/o Siddi Soni, who was an accused in Crime No. 37/2020 registered at Police Station Kalamna, Nagpur for offences punishable under Sections 302, 307, 326, 143, 145, 147, 148, 149, 504, 506, 120-B of the Indian Penal Code read with Section 135 of the Maharashtra Police Act. The petitioner was alleged to have been involved in the brutal murder of one Nikhil Lokhande. The petitioner had initially filed Criminal Application No. 1088/2020 seeking bail, which was assigned to Mr. S.S. Deshpande, the learned Additional Sessions Judge-8, Nagpur. The learned Sessions Judge rejected the bail application on 20.06.2020 after minutely scrutinizing the material in the charge-sheet and hearing the learned counsel Mr. Chetan Thakur who appeared on behalf of the applicant. The order of rejection noted the uncontroverted position that the charge-sheet was filed and the case was committed to the Court of Sessions. Subsequently, the petitioner filed another bail application before the same court, but this time before a different judge, Mr. P.P. Bora, the learned Additional Sessions Judge-3, Nagpur. In this second application, the petitioner suppressed the fact that his earlier bail application had been rejected on merits and misrepresented that the charge-sheet was not filed, whereas it was filed. The learned Additional Sessions Judge-3 granted bail to the petitioner on 22.12.2020. The State of Maharashtra filed the present writ petition seeking cancellation of the bail on the ground that it was obtained by fraud and suppression of material facts. The High Court, after hearing the counsel for the petitioner and the APP for the State, found that the petitioner had indeed suppressed the rejection of his earlier bail application and misrepresented the status of the charge-sheet. The court held that such conduct amounts to an abuse of the process of the court and fraud on the court, and therefore the bail granted was liable to be cancelled. The court cancelled the bail and directed the petitioner to surrender forthwith.
Headnote
A) Criminal Procedure Code - Bail Cancellation - Suppression of Facts - Fraud on Court - The petitioner obtained bail by suppressing the fact that his earlier bail application had been rejected on merits and by misrepresenting that the charge-sheet was not filed, whereas it was filed. The court held that such conduct amounts to abuse of process of court and fraud on the court, warranting cancellation of bail. (Paras 1-15) B) Criminal Procedure Code - Bail - Duty of Disclosure - An applicant seeking bail must disclose all material facts, including the rejection of a previous bail application. Non-disclosure or misrepresentation vitiates the order granting bail. (Paras 10-15) C) Indian Penal Code, 1860 - Sections 302, 307, 326, 143, 145, 147, 148, 149, 504, 506, 120-B - Murder Case - The petitioner was an accused in a murder case involving brutal killing of one Nikhil Lokhande. The court cancelled the bail granted to the petitioner due to suppression of facts. (Paras 6-15)
Issue of Consideration
Whether bail granted to an accused in a murder case can be cancelled when it was obtained by suppressing material facts and misrepresenting the status of the case before the court.
Final Decision
The High Court allowed the writ petition, cancelled the bail granted to the petitioner, and directed the petitioner to surrender forthwith.
Law Points
- Bail obtained by suppression of facts and misrepresentation is liable to be cancelled
- Abuse of process of court
- Fraud vitiates all proceedings
- Duty of litigants to disclose all material facts
