Bombay High Court
Zulfekar @ Chhotu S/O. Jabbar Gani vs State Of Maharashtra Thr. The ... on 1 September, 2017
Bench: V.M. Deshpande
Judgment
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.605 OF 2017
Zulfekar @ Chhotu s/o Jabbar Gani,
Aged about 32 years,
Occupation Business,
R/o New Laxmi Nagar, Gondia,
District Gondia. ..... Applicant.
:: VERSUS ::
1. State of Maharashtra,
Through the Police Station Officer,
Police Station Ramnagar, Gondia,
District Gondia.
2. Rajendra s/o Shankar Dawane,
Aged about 34 years,
Occupation Service,
R/o Daskholi, Gondia, District Gondia. ..... Non-applicants.
================================================================
Shri Arjun Bobade, Counsel for the applicant.
Shri I.J. Damle, Addl.P.P. for the State.
================================================================
CORAM : V.M. DESHPANDE, J.
DATE : SEPTEMBER 1, 2017.
ORAL JUDGMENT
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Judgment
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1. Rule. Rule is made returnable forthwith. Heard finally
by consent of learned counsel Shri Arjun Bobade for the applicant and
learned Additional Public Prosecutor Shri I.J. Damle for the State.
2. This is an application under Section 482 read with
Section 439 of the Code of Criminal Procedure, 1973 with a prayer to
restore the bail granted in favour of the applicant on 30.9.2015 in
Criminal Application No.598 of 2015.
3. Learned counsel Shri Arjun Bobade for the applicant
vehemently submits that certain points were not pointed out before
this Court at the time when the bail granted by this Court on 30.9.2015
in Criminal Application No.598 of 2015 was revoked by passing orders
on 1.7.2017 in Criminal Application No.27 of 2016. Learned counsel for
the applicant, therefore, submits that this Court should restore the bail
granted in favour of the applicant by invoking inherent jurisdiction of
this Court under Section 482 of the Code of Criminal Procedure, 1973.
I am afraid that such a submission, as advanced by
.....3/-
Judgment
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learned counsel Shri Arjun Bobade for the applicant before this Court,
can be entertained.
4. This Court in Criminal Application No.598 of 2015 granted
the bail on 30.9.2015 in favour of the applicant in connection with
Crime No.88 of 2012 registered with Police Station Ramnagar, Gondia
for the offences punishable under Sections 147, 148, 302, 307, 149, 109,
120-B, and 212 of the Indian Penal Code read with Sections 3(2)(5) of
the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 and Sections 3, 4, 25, and 27 of the Arms Act, 1959. While
granting the bail in favour of the present applicant, the conditions
were imposed upon the present applicant.
5. After release on bail, it was expected on the part of an
applicant to adhere with the conditions those were imposed upon him.
6. Be that as it may, one Rajendra s/o Shankar Dawane, who
is brother of deceased Dharam Dawane in the aforesaid crime,
approached to this Court by filing Criminal Application No.27 of 2016
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Judgment
apl605.17 24
under Section 439(2) of the Code of Criminal Procedure, 1973 for
cancellation of the bail granted in favour of the applicant on the
ground that; (i) that the applicant has failed to strictly follow the
conditions those were imposed upon him; (ii) even during the period
when the applicant was released on bail, the applicant has misused the
liberty granted to him and has indulged in other serious crimes.
Criminal Application No.27 of 2016 was also supported by
learned Additional Public Prosecutor for the State and also prays for
cancellation of the bail.
7. This Court on 1.7.2017, after a detailed hearing from the
parties concerned, viz. learned counsel for the applicant and learned
Additional Public Prosecutor for the State and learned counsel for the
applicant who approached to this Court for cancellation of bail, passed
a detailed judgment by which the the Court allowed Criminal
Application No.27 of 2016 and thereby revoked the bail granted in
favour of the present applicant.
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Judgment
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8. The order passed by this Court on 1.7.2017 in Criminal
Application No.27 of 2016 was carried before the Honourable Supreme
Court by the present applicant by filing a Petition (s) for Special Leave
to Appeal (Criminal) No.5882 of 2017. When Petition (s) for Special
Leave to Appeal (Criminal) No.5882 of 2017 was listed before the
Honourable Supreme Court on 16.8.2017, after hearing learned counsel
appearing before the Honourable Supreme Court on behalf of the
present applicant, granted permission to him to withdraw the Special
Leave Petition. The order passed by the Honourable Supreme Court is
filed on record and the said is at page No.153 of the compilation.
Perusal of the same, shows that no liberty was granted by the
Honourable Supreme Court in favour of the present applicant to
approach before this Court.
9. In view of the order passed by the Honourable Apex
Court, submissions made by learned counsel Shri Arjun Bobade for the
applicant that at the time of hearing of Criminal Applicant No.27 of
.....6/-
Judgment
apl605.17 24
2016 for cancellation of the bail, certain points remained to be argued,
cannot be entertained.
10. The order passed by this Court is already confirmed by
the Honourable Supreme Court. Further, merely because the present
application which is filed through other Advocate, it is not permissible
for the applicant to urge that his earlier counsel failed to point out
certain dates or wishes to make certain other submissions. If such is
allowed, it will be an unending process. Further, provisions of Section
482 in the Code of Criminal Procedure, 1973 cannot be permitted to be
invoked in the matter of bail.
11. In view of the above, the criminal application is rejected.
Rule is discharged.
JUDGE
!! BRW !!
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