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J. B. PARDIWALA, R. MAHADEVAN
Gajanan Dattatray Gore – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. summary of appeal and bail context. (Para 2 , 3 , 4 , 5 , 6) |
| 2. court's observations on the misuse of court trust and bail conditions. (Para 8 , 18) |
| 3. conditions attached to bail and violations thereof. (Para 10 , 12 , 13) |
| 4. arguments regarding compliance with bail conditions. (Para 11) |
| 5. bail conditions should not be onerous or recovery-based. (Para 14 , 15 , 16 , 20) |
| 6. prohibition on conditional bail based on financial undertakings. (Para 23 , 24) |
| 7. dismissal of appeal with cost imposed. (Para 25 , 26 , 27 , 28) |
ORDER :
J.B. PARDIWALA, J.
1. Leave granted.
2. This appeal arises from the order passed by the High Court of Judicature at Bombay dated 1-7-2025 below interim application No.4524/2024 filed in Criminal Bail Application No.445/2024, by which the interim application filed by the original complainant (Respondent No.2 – herein) came to be allowed and the order of bail passed by the High Court in favour of the appellant – herein dated 1-4-2024 came to be modified.
3. The facts giving rise to this appeal may be summarized as under:-
4. The appellant – herein came to be arrested in connection with Crime No.652 of 2023 dated 27-8-2023 registered with the Satara City
Bail should not be granted or conditioned on financial undertakings; it must be assessed strictly on its merits according to law.
Bail cannot be canceled solely on the basis of breach of an undertaking unless such conditions were explicitly included in the bail order, and substantial grounds must be demonstrated for cancellatio....
Mere violation of bail condition is not sufficient to warrant cancellation of bail; a summary inquiry is necessary to determine the impact of the accused's involvement on the administration of justic....
Grant of Pre-arrest bail (Anticipatory bail) – Conditions to be imposed must not be onerous or unreasonable or excessive – Tests for grant of anticipatory bail are well delineated and stand recognize....
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
conditions for grant of bail ought not to be so strict as to be incapable of compliance, thereby making a grant of bail illusory. The conditions while granting bail should be reasonable, so that it m....
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