In the case of Deen Mohd v State of Haryana, the Punjab & Haryana High Court bench of Justice Pankaj Jain recently reaffirmed that the court can refuse to grant bail if the accused conceals facts and emphasized that the court can decline to exercise its discretion in favor of bail if the application lacks bona fides.
“The law is well settled that where a process is “ex debito justitiae” the Court would refuse to exercise its discretion in favour of the applicant where the application is found to be wanting in bona fides.”The Court Held
The petitioner was appealing a session court ruling denying anticipatory bail because his initial application had been dismissed as withdrawn, despite the fact that his affidavit claimed that no other application had been determined by any court.
It was argued that the trial court’s grounds for refusing bail was insufficient, and that the order ought to be overturned because no alternative justification was given.
Justice Jain disagreed and dismissed the plea, citing a Supreme Court decision in Welcome Hotel v State of Andhra Pradesh, which stated that a party that misled the Court was not entitled to any consideration from it.
The petitioner had approached the court with unclear hands, the Court reiterated.
Advocate Rosi appeared for the petitioner.