Gajanan Dattatray Gore vs The State Of Maharashtra

Directions by Supreme Court – Bail – Grant of, on the basis of any undertaking/statement given by accused – Practice deprecated – Directions issued:

Held: High Courts as well as the Trial Courts shall decide the plea for regular bail or anticipatory bail strictly on the merits of the case and shall not exercise their discretion in this regard on any undertaking or any statement that the accused or his/her family members may be ready and willing to make – No order for grant of bail shall be made on the basis of the accused giving an undertaking to deposit a particular amount – The plea shall be decided strictly on merits in accordance with law – If the case is made out on merits the court may exercise its discretion and if no case is made out on merits the court shall reject the plea for regular bail or anticipatory bail as the case may be – However, in any circumstances the High Courts or trial courts shall not pass a conditional order of regular bail or anticipatory bail – Copy of this order to be sent to all the High Courts – Judicial deprecation. [Paras 20, 24, 26] Bail – Cancellation of, when justified – Appellant was granted bail by High Court on the basis of his undertaking to deposit Rs.25,00,000/- however, he failed to deposit the same – Challenged by complainant – Bail cancelled by High Court – Challenge to: Held: Appellant on his own free will and volition filed an affidavit in the form of an undertaking before the High Court that he would deposit Rs.25,00,000/- subject to which, he may be released on regular bail – Appellant got himself released on bail but failed to deposit the amount as undertaken by him before the High Court on oath – Appellant has made a mockery of justice and abused the process of law – Appellant to surrender – Cost of Rs.50,000/imposed. [Paras 8, 18, 23, 28]