Gujarat HC Imposes ₹1 Lakh Cost On Undertrial Who Produced Fake Wedding Card To Secure Bail On Pretext Of Marriage
The Gujarat High Court recently pulled up an undertrial, accused in at least 7 FIRs, who produced a fake wedding card to secure bail on the pretext of marriage.The single bench of Justice Samir J. Dave imposed a cost of Rs. 1 lakh on the petitioner for abusing the process of the Court. The accused had approached the High Court and had prayed to release him on temporary bail for a period...
The Gujarat High Court recently pulled up an undertrial, accused in at least 7 FIRs, who produced a fake wedding card to secure bail on the pretext of marriage.
The single bench of Justice Samir J. Dave imposed a cost of Rs. 1 lakh on the petitioner for abusing the process of the Court.
The accused had approached the High Court and had prayed to release him on temporary bail for a period of 30 days on the ground of his own marriage A wedding card was also annexed with the application.
The Police Inspector, however, based on the reports of several witnesses, submitted that there was no marriage which was supposed to take place and that the woman with whom the applicant was apparently supposed to marry had given similar false information to the Court on earlier occasions as well. Several other witnesses revealed the same facts.
It was also informed that the accused is involved in many offences, including Kidnapping, under various FIRs.
Accordingly, the High Court rejected the bail plea with cost. Reliance was placed on Salem Advocate Bar Association, T. N. v. Union of India, (2005) 6 SCC 344, where the Top Court held that if any party unreasonably protracts judicial proceedings, the Judge should consider exercising discretion to impose "exemplary costs".
Case Title: Imran @ Chhotu Kadva Istyak Ahemad Siddiki v. State of Gujarat
Citation: 2022 LiveLaw (Guj) 401
Coram: Justice Samir J. Dave