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 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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