What if an Accused avails Interim Bail by hiding facts contrary to the facts given in his petition?
Hello, I would like to put the facts before asking any questions:
A Magistrate ordered on [deleted] to file FIR under section 156(3) Cr.P.C. against three accused with a direction to report on [deleted].
Police officer of Concerned PS lodged FIR on [deleted] only one day before reporting in the court.
on [deleted] one of the accused file application in the High Court P&H for Blanket bail pretending he is not aware of the FIR but his application for Blanket Bail/Interim Bail dismissed by Hon'ble Court Saying "It cannot be presumed that the petitioner was not aware about lodging of the FIR. Moreover, the blanket bail cannot be granted as the material facts have been concealed while filing this petition.
The petition is accordingly dismissed.”
Then the accused filed petition in the Session Court for Interim Bail but after hearing the arguments of the complainant court dismissed the petition again on [deleted].
On [deleted] the same accused again filed petition in P&H High Court for anticipatory Bail/interim bail with a request hearing on the same day. Where the accused misrepresented the facts before the court contrary to the facts given in his petition and based on the facts presented court granted him an interim bail to participate in police investigation.
Facts Given in his petition:
"He stayed with is wife and his two sisters on the nigh of incident and left for Delhi next day at 11.00. he produces an SMS in favor of this submission also in his petition."
Facts presented before the court during argument:
"keeping in view the accusations in the complaint/FIR it is not possible that accused stayed with his wife in the night of incident."
Court Granted interim bail saying, "if that was the conduct of the petitioner for the last thirty years, then it cannot be imagined that he stayed with his wife on the date, he came to Jagadhari for the ' Varhina' of his son"
1. Is it not contempt of court by the police for delaying in filing FIR for 29 Days?
2. Didn't the accused concealed the material facts from the court and if yes, what is the punishment?
3. If informed to the police regarding hiding of Material facts by accused from the court is the police authorized to take cognizance of the offence committed by the accused before the Hon'ble High Court and file another case of Fraud against the accused?
4. There are 3 accused in FIR filed. Only one accused got interim bail. Police did not arrest aother two accused yet. Is it not deficiency in service by the police and not against the order of the court?