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It had been alleged that the while serving as Principal District Judge, the petitioner had misappropriated Rs 14,35,000 which was allegedly deposited as bail surety.
In the present case, the crime pertains to a scam, wherein vehicles from other states and/or the vehicles which could not have been registered, were registered in the State of Maharashtra by creating false documents with the involvement of government officials.
The applicant’s role, who was at the stage of 30 weeks’ of pregnancy, is of assaulting the deceased with fists and chappal.
High Court should have independently applied its mind and arrived at a conclusion as to whether a case for grant of bail, on settled parameters, had been made out or not.
Supreme Court found the appellant’s contention as unsustainable because they did not appear before the Court on issuance of bailable warrants but moved applications for bail.
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
“This Court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large.”
“The classification of the offences under the Criminal Procedure Code clearly shows that if the offences are punishable with imprisonment for less than three years, the offences are bailable and non-cognizable.”
Punjab and Haryana High Court noted ASI’s submission regarding absence of complaint against the petitioner regarding threatening the witnesses, as against the contentions.
The prosecution alleged that one accused brought the victim to a hotel, stupefied her by providing liquor and the two engaged in sexual intercourse with her.
The Supreme Court reminded the High Courts and the Sessions Courts not to be unduly swayed by submissions advanced by counsel on behalf of the accused in the nature of undertakings to keep in deposit/repay any amount while seeking bail in Cheating cases.
by Shubham Priyadarshi†
It is shocking, rather a mind-blowing fact that many innocent persons are victims of false implication under the SC/ST Act
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