"Gives An Impression That Justice Can Be Bought & Judges Can Be Sold": Bombay HC Refuses Bail To Man Who Assured Favourable Court Decision

Justice Bharti Dangre said that such instances have become rampant and must be nipped in the bud.

"This tendency of guaranteeing the decision to come in favour of one party or the other amounts to maligning a particular Judge and at large, the institution itself by giving an impression that justice can be bought and the Prosecutors and Judges can be sold. These vexatious attempts are rampant and this has to be nipped in the bud." 

The court said that "grave" and peculiar facts of the case where cheating is for manipulating court proceedings would disentitle the man for release on bail.

"Though the offence punishable is under Section 420, the nature of the allegations levelled against the Applicant where the Complainant has been duped for the aforesaid amount on the assurance that the bail will be sought by effecting 'settlement', makes the offence grave and this peculiar fact, dis-entitle the applicant to be released on bail."

Justice Dangre further observed that it is common for parties to indulge in transactions to settle matters pending before the court. Sometimes this is done even without the counsel's knowledge.

"It is not an uncommon feature that when the matter is pending before the particular Court, the parties indulge into a transaction under the guise of 'settlement' and sometimes it so happens, even without the knowledge of counsel on record, who may prefer to argue the case on its merit."

Facts of the Case

The applicant Minol Anil Hudda arrested last year on allegations of cheating (420) and criminal breach of trust (406) of the IPC, approached the Bombay High Court for bail.

The complainant Pushpalata V. Gandhi, from Vasai outside Mumbai, claimed that her 20-year-old son was in a relationship with a minor girl and therefore booked under sections of the IPC and POCSO Act. He was arrested on January 21, 2020.

However, five months after his incarceration she became desperate for his release which is when she was introduced Hudda. Hudda assured the woman that he would "work out a settlement" and her son would be released on bail soon. She claimed to have paid him Rs.16,50,000 in instalments. However, he began giving evasive responses when her son didn't walk free.

Following this woman approached the police.