Allowed

Sanjay Jaywant Gaikwad v. the State of Maharashtra

Bombay HC2 Jul 2010APPA/589/2010

Case brief

AI extract

What is this about?

In a criminal revision under Section 589 CrPC, the High Court granted bail to an applicant convicted under the IPC. The court held that due to parity with a co-accord and the pending appeal preventing finality, the applicant deserved release on bail in the sum of Rs. 25,000 with sureties.

What did the court decide?

Applicant released on bail in sum of Rs. 25,000 with one or two sureties in like amount, required to report to CBI office once every two months.

Sanjay Jaywant Gaikwad Vs the State of Maharashtra — Bail and Remand | Bombay HC (2010)

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ssp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION
 CRIMINAL APPLICATION NO.589 OF 2010
 IN
CRIMINAL APPEAL NO.410 OF 2006

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Sanjay Jawant Gaikwad...Applicant

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vs.

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The State of Maharashtra
(Through C.B.I.)...Respondent

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Mr.S.V.Parab i/b M/s.Rajeev Sawant & Associates for the
applicant
Mr.J.P.Kharge, A.P.P for State

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CORAM : V.M.KANADE,J.
 DATE : JULY 2, 2010

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P.C.:

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1Heard learned counsel appearing on behalf of the
applicant and the learned counsel on behalf of the
respondent. The applicant is convicted for the offence
under sections 120 (B) r/w 255,256, 258,259 and 420 read
with section 511 of the Indian Penal code. He is
sentenced to suffer R.I for the period of 10 years and
to pay fine of Rs.50,000/- each and in default of
payment of fine to further undergo R.I for the period of
one year each. It is submitted that other co-accused
Ramratan Soni has been released on bail. He has
undergone 7 years of sentence. The applicant is praying
for bail on the ground of parity. It is submitted that
the present applicant has undergone 7 years and six
months of sentence out of total sentence of 10 years.
The learned counsel for CBI admits that the applicant has
undergone 7 years and six months of sentence out of 10
years awarded by the trial Court.

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2The applicant, therefore, in my view is entitled to
be released on bail on the ground of parity.

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3The Apex Court in several Judgments has observed
that the right of appeal is a statutory right and since
the appeal is pending, the order of the trial Court has
not attained finality till the appeal is heard and
disposed of.

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4Under these circumstances, the applicant deserves be
released on bail.

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5The applicant be released on bail in the sum of Rs.
25,000/- with one or two sureties in the like amount. He
will report to the CBI office once in two months.

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6 Application is disposed of.

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(V.M.KANADE,J.)

Sanjay Jaywant Gaikwad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sanjay Jaywant Gaikwad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Parties & counsel

Coram

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