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Criminal Reportable Judgment

Gajanan Dattatray Gore vs The State Of Maharashtra

Court
Bombay High Court
Date
28 July 2025
Case No.
Criminal Appeal No.3219/2025 (@Petition for Special Leave to Appeal (Crl.) No.10749/2025)
Bench
J.B. Pardiwala, J.
Acts & Sections
IPC §406 IPC §408 IPC §420 IPC §467 IPC §468 IPC §471
Headnote AI-drafted · Editorially reviewed
The appellant was arrested in connection with a crime registered at Satara City Police Station for offences of criminal breach of trust, cheating, and forgery under the Indian Penal Code. The Trial Court declined bail, whereupon the appellant approached the High Court, which granted bail subject to a condition that the appellant deposit Rs.25,00,000/- in the Trial Court, based on an affidavit-cum-undertaking voluntarily filed by the appellant.

Having secured his release on bail, the appellant failed to comply with the condition of depositing Rs.25,00,000/- as undertaken before the High Court on oath. The original complainant (Respondent No.2) thereupon filed an interim application in the original bail application before the High Court, which was allowed, resulting in modification of the bail order. The appellant challenged this modification before the Supreme Court by way of a Special Leave Petition.

The Supreme Court, granting leave, took note of the appellant's conduct in giving a solemn undertaking before the High Court and subsequently failing to honour it. The Court examined whether the High Court was justified in modifying the bail order on account of the appellant's non-compliance with the undertaking given as a condition of bail, and considered the broader question of the enforceability of undertakings given to courts as conditions of bail.
Catchwords: bail modification of bail order undertaking to court non-compliance with bail conditions criminal breach of trust cheating forgery misappropriation affidavit-cum-undertaking interim application Special Leave Petition

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Full Judgment Text

```json { "title": "Gajanan Dattatray Gore vs The State Of Maharashtra", "case_number": "Criminal Appeal No.3219/2025 (@Petition for Special Leave to Appeal (Crl.) No.10749/2025)", "side": "criminal", "date_of_judgment": "2025-07-28", "bench": "J.B. Pardiwala, J.", "reportable": true, "parties_petitioner": "Gajanan Dattatray Gore", "parties_respondent": "The State of Maharashtra & Anr.", "result": "other", "headnote": "The appellant was arrested in connection with a crime registered at Satara City Police Station for offences of criminal breach of trust, cheating, and forger
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