Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1363 OF 2017
[@ SPECIAL LEAVE PETITION (CRL) NO. 687 OF 2016]
DILIPKUMAR APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA RESPONDENT(S)
J U D G M E N T
KURIAN, J.
Leave granted.
2. The limited grievance of the appellant is with regard
to the directions granted by the High Court to recover an
amount of Rs.10,00,000/- (Rupees Ten Lacs) from the
appellant. This Rs.10,00,000/- (Rupees Ten Lacs)
represents the costs awarded by this Court in Civil
Appeal No.2374/2010.
3. The appellant had approached the High Court for
anticipatory bail under Section 438 Cr.P.C. While
considering the application, the High Court went into
various other aspects and also came to the conclusion that
the appellant should be made liable for the costs awarded
by this Court in Civil Appeal No.2374/2010.
4. Mr. Siddharth Luthra, learned senior counsel appearing
for the appellant submits that as far as the appellant is
concerned, there is no need for protection under Section
Signature Not Verified
Digitally signed by
NARENDRA PRASAD
Date: 2017.08.22
14:29:58 IST
Reason:
438 Cr.P.C. since he had actually been granted regular
bail after arrest, by the High Court.
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5. We are afraid, the High Court has gravely gone wrong
in passing an order for recovery of the said amount. It
was not an issue arising in the case. That apart, it was
not for the High Court to collaterally consider and decide
who should be made liable for the costs awarded by this
Court in a different case.
6. Therefore, this appeal is allowed and the order
regarding recovery of Rs.10,00,000/- (Rupees Ten Lacs)
from the appellant is vacated.
7. Pending application(s), if any, shall stand disposed
of.
.......................J.
[KURIAN JOSEPH]
.......................J.
[R. BANUMATHI]
NEW DELHI;
AUGUST 09, 2017.
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