Any order obtained through material suppression or fraud on the court is a nullity. Litigants have a mandatory duty to disclose all criminal antecedents when seeking bail. Failure to disclose such facts, coupled with a history of absconding, justifies the denial of discretionary relief in the interest of justice.

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WITH

CRIMINAL APPLICATION NO. 4749 OF 2025

IN BA/2419/2025

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ORDER :-

1. The applicant has approached this Court seeking regular bail in connection with FIR dated 20.05.2021 bearing Crime No. 134 of 2021 registered with Phulambri Police Station, Dist. Aurangabad for the offences punishable under Sections 420, 504 and 506 read with 34 of the Indian Penal Code.

2. In connection to the above offence, the applicant approached this Court presenting Anticipatory Bail Application No. 739 of 2021, where a statement was made on behalf of the applicant that an amount of Rs. 12,00,000/- would be deposited with this Court. Considering this statement, the interim relief was granted. The said amount was to be deposited within a period of three weeks from the date of the order to show bona fides. On account of non-payment, a further time was extended by four weeks.

3. In spite of repeated extensions, the applicant did not comply. Resultantly, considering the conduct of the applicant, this Court by its order dated 26.10.2021, rejected the application presented by the applicant. After the rejection of the application by this Court, it appears that the applicant approached the Trial Court seeking his release on bail by presenting an application on 13.05.2022.

4. Upon completion of the investigation of the crime, the charge-sheet is filed on 13.05.2022. On the same date, the applicant surrendered before the Trial Court. Consequently, the application seeking bail was presented. The learned Trial Court was made to believe that the applicant is protected by this Court in an anticipatory bail application. As such, the learned Magistrate enlarged the applicant on bail.

5. Raising an exception to the same, the informant approached the learned Additional Sessions Judge, Aurangabad presenting a Cri. Misc. Application No. 337 of 2022 for cancellation of bail under Section 439(2) of CrPC. The learned Additional Sessions Judge, taking into account order dated 13.05.2022, is obtained by material suppression of facts. Resultantly, cancelled the bail of the application with a direction to surrender himself before the Trial Court.

6. The order of the learned Additional Sessions Judge was further subject matter of challenge in Criminal Writ Petition No. 323 of 2023 wherein this Court has endorsed the same by dismissing the petition presented by the petitioner predominantly on account of suppression.

7. It is submitted that, subsequently, due to the applicant’s continuous absence during the trial, the Trial Court issued a Non-Bailable Warrant (NBW). In execution of the said warrant, the arrest of the applicant was effected on 10.11.2025. Following the arrest, the applicant moved an application for bail before the Trial Court. However, the same was rejected vide order dated 11.11.2025 and since then, applicant has been in judicial custody.

8. Subsequently, the applicant preferred Regular Bail Application No. 2336 of 2025 before the learned Additional Sessions Court, Aurangabad. The learned Additional Sessions Judge, considering the facts and circumstances, rejected the bail application. It is thereafter, the applicant has approached this Court seeking the grant of regular bail.

9. The learned counsel for applicant submits that applicant was initially enlarged on bail by the learned Trial Court on 13.05.2022. While a Non-Bailable Warrant (NBW) was subsequently issued due to the applicant's non-appearance, it is submitted that such absence was neither willful nor intentional, but was occasioned due to medical emergency of applicant. The applicant has already suffered incarceration since his arrest on 10.11.2025.

10. The learned counsel for applicant further submits that the applicant is ready to strictly abide by any and all stringent conditions that this Hon’ble Court may deem fit to impose, including marking his presence before the concerned Police Station and ensuring his punctuality before the learned Trial Court on every date of the proceedings. As such, p