Samsh Tabrez Saeed Sayyed And ANR v. State Of Maharashtra

P.H. Jayani 05 ABA787.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 787 OF 2022 Samsh Tabrez Saeed Sayyed .... Applicant v/s.

The State of Maharashtra .... Respondent Ms. Asha Joshi i/b. Mr. Rameshwar G. Shatalwar for the Applicant. Ms. Sharmila S. Kaushik, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 30th MARCH, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant for pre-arrest bail in C.R.No.505/2021 registered with Wanvai Police Station for offences punishable under sections 419, 420 of the Indian Penal Code, section 25(a) of Indian Telegraph Act and section 66(b),(d), 72(a) of Information Technology Act, 2000. 2.

This Court (Coram : Sarang V. Kotwal, J.) by order dated 24/01/2022 allowed the Applicant to withdraw the Application unconditionally. Learned APP has placed on record copy of the said order, a perusal of which clearly indicates that after arguing the matter for some while and after the Court had expressed its disinclination to 1/2

P.H. Jayani 05 ABA787.2022.doc grant relief, the Applicant had sought unconditional withdrawal of the Application and accordingly, permission was granted and Application was allowed to be withdrawn unconditionally. The Applicant not only suppressed this fact from the Court, but has made a false statement that no other bail application was filed. Such conduct, which is nothing short of fraud on the Court, needs to be deprecated and this itself is sufficient to dismiss the Application at threshold. 3.

In view of the above facts and circumstances, the Anticipatory Bail Application stands dismissed.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.04.01 18:37:36 +0530 2/2