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2025 Supreme(Online)(Bom) 6510

BOMBAY HIGH COURT
AMIT BORKAR, J
Jennifer Manuel Parmar – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anas Shaikh, Mr. Mubin Solkar, Mr. Tahir Hussain
For the Respondents: Mr. Prasanna Malshe, APP, Mr. Niranjana Pradhan, Adv. Chaula Solanki, Adv. H.H. Nagi, i/b NAGI & Associates

CORAM : AMIT BORKAR, J. DATED : AUGUST 22, 2025 P.C.:

1. The applicants have approached this Court challenging the order by which the opponent has been granted bail. The grievance of the applicants is that while granting bail, the concerned court has relied upon certain material which, according to the applicants, was wholly extraneous and irrelevant for deciding the question of bail. It is further alleged that certain material which was relevant and necessary for a just decision of the matter was either ignored or not considered at all.

2. In this context, it is necessary to note the observations of the Supreme Court in Rashmi Rekha Thatoi v. State of Orissa , (2012) 5 SCC 690 . The Apex Court in paragraph 37 has held that a court of law must act strictly within the scope and limits of the power conferred upon it by statute, and cannot travel beyond such limits. What cannot be done directly under the law cannot be permitted to be done indirectly by invoking some other form of jurisdiction. When a statute confers a specific power, the exercise of that power must be within the four corners of that statute. The exercise of statutory power is distinct from the exercise of the power of

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