An FIR was registered under Sections 13(1) and 13(3) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and Section 11 of the Prevention of Animals of Cruelty Act, 1959. Later the sections 120-B of the IPC and
181/192 of Motor Vehicle Act, 1988 were added. The petitioner had filed a pre-arrest bail application under Section 483 of the Cr.P.C which was denied by the sessions court.
An appeal was then filed before the Hon’ble High Court of Punjab and Haryana. The court denied the bail and upheld the decision of the sessions court. The sessions court had denied the bail because the petitioner had concealed the fact that no other application is pending or decided by the court, whereas his first application bail was dismissed as withdrawn.
The petitioners contended that this reason was insufficient to deny the bail. The High Court relied on the decision of the Apex Court in the case of Hari Narain vs. Badri Dass, AIR 1963 S.C. 1558 and Welcome Hotel vs. State of Andhra Pradesh, (1983) 4 SCC 575, wherein it has been held that a party who has mislead the court should not receive any consideration by the court. It was observed:
“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.”
Hence, the bail was denied as the petitioner did not approach the court with clean hands.
case: Deen Mohd. vs. State of Haryana