M.M. COOPERATIVE BANK LTD. versus J.P. BHIMANI & ANR.

M.M. COOPERATIVE BANK LTD. versus J.P. BHIMANI & ANR.

In absence of any material showing non-compliance with the bail conditions by respondent no. 1, and given substantial compliance and the lapse of time since the original bail order, the Supreme Court finds no ground to interfere under Article 136. Unreasonable conditions cannot be imposed for bail and the subject matter of the FIR is limited to Rs.8 crores.

Parties
Appellant: M.M. Cooperative Bank Ltd.; Respondent No. 1: J.P. Bhimani; Respondent: Anr.
Jurisdiction
India
Judgment Date
31 July 2009
Procedural Posture
Criminal Appeal / Final Disposition
Outcome
appeal dismissed
Legal Topics
Bail, Bank Fraud, Exercise of Supreme Court Jurisdiction Under Article 136

Case Brief

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Parties

M.M. Cooperative Bank Ltd.

Appellant

J.P. Bhimani

Respondent No. 1

Anr.

Respondent

Procedural Posture

Criminal Appeal / Final Disposition

  1. 1 Whether the High Court erred in granting bail to respondent no. 1 accused in the bank scam
  2. 2 Whether the conditions imposed by the High Court were contravened
  3. 3 Whether the Supreme Court should exercise jurisdiction under Article 136 to interfere with the bail order

Ratio Decidendi

In absence of any material showing non-compliance with the bail conditions by respondent no. 1, and given substantial compliance and the lapse of time since the original bail order, the Supreme Court finds no ground to interfere under Article 136. Unreasonable conditions cannot be imposed for bail and the subject matter of the FIR is limited to Rs.8 crores.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no order as to costs.