RAKESH BABAN BORHADE ..Appellant Versus STATE OF MAHARASHTRA & ANR. ..Respondents

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 2446-2447 OF 2014
(Arising out of SLP (Crl.) Nos. 3527-3528/2014)

RAKESH BABAN BORHADE ..Appellant
Versus
STATE OF MAHARASHTRA & ANR. ..Respondents

The Sessions Court dismissed the anticipatory bail application filed by the appellant and other accused. Aggrieved by the same, the accused persons moved the High Court, which vide its impugned order dated 1.4.2014 while granting bail to the other accused persons, dismissed the application of the appellant. The appellant is before us, assailing the correctness of the impugned order. It was urged that in any event, entire case is based on documentary evidence which is in the form of MOU dated 21.12.2005 and the registered sale agreements and bank cheques and challans and hence, the custody of the appellant is not at all required and the High Court was not justified in refusing anticipatory bail to the appellant. Anticipatory bail is not to be granted as a matter of rule, but should be granted only when a special case is made out and the Court is convinced that the accused would not misuse his liberty. The court has to enumerate the parameters that can be taken into consideration by the courts while dealing with the anticipatory bail. Since the transaction is in the nature of commercial transaction and since the appellant has also shown his bonafide by depositing rupees one crore, pending further investigation, anticipatory bail could be granted to the appellant….read more