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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 :
1. Leave granted.
3. The facts giving rise to this appeal may be summarized as under:-
5. The appellant – herein was arrested on 17-8-2023.
2. Learned counsel Shri Gole appearing for the intervener and learned APP vehemently opposed the application.
3. This is an application for bail in respect of the offence punishable under Sections 406 , 408, 420, 467, 468, 471, 504, 506, 34 INDIAN PENAL CODE , 1860 registered on 27/08/2023 vide C.R. No. 1-652 of 2023 with Satara City Police Station. The applicant was
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....
Bail cancellation requires clear evidence of breach or supervening circumstances; implied conditions cannot justify cancellation.
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