In criminal appeal, the High Court rejected the applicant's request for bail under Section 439 Cr.P.C. by holding that default bail under Section 167(2) Cr.P.C. cannot be extended uniformly to all accused. The court noted that the merits prima facie lay against the applicant.
The application seeking release of the applicant on bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1842 OF 2009 (Vishnu Madhav Pawar
vs.
The State)
Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders
Mrs. S.S.Jadhav, AGP for the
applicant.
Mr. K.M.Suryawanshi, AGP for
respondent State.
...
CORAM: K.U.CHANDIWAL, J.
DATE: 24/7/2009
P.C.:-
1.Heard Smt. Jadhav extensively. The
accused is in custody for an offence punishable
under Sections 302, 307, 452 and other offences
since 16th June, 2008. His earlier successive
applications have been turned down. The only
request now urged by Smt. Jadhav is, in the light
of the other accused, who were also placed in
similar situation of accusations, as to their role
in the offence, they got benefit of default under
Section 167(2) of Cr.P.C., same benefit be extended
to accused.
2.The parity sought by the learned Counsel,
in the eyes of law, is not maintainable as the bail
under Section 167(2) is a default bail, which
provides indefeasible right in an accused to be
enlarged on bail while the application moved under
Section 439 of Cr.P.C. will have to be dealt with
on its own merits. Needless to add, the merits
are,primafacie,againstthepresent
accused/applicant. Consequently, the application
seeking to release the applicant on bail is
rejected.
(K.U.CHANDIWAL)
JUDGE
agp/crapln1842-09
3 issues framed by the court
Whether default bail under Section 167(2) Cr.P.C. can be extended pari passu to an accused when other co-accused in the same case are granted it.
Whether bail application under Section 439 Cr.P.C. in a case involving murder and other offences should be allowed merely on the ground of parity with co-accused.
Whether the prima facie merits against an accused prevent the grant of bail despite arguments for uniform treatment.
3 provisions across 2 enactments
Vishnu Madhav Pawar
The State
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court