Court rejected a bail application renewing the prayer due to the applicant's graver role despite the release of other accused. Liberty granted to apply afresh if trial does not commence within two months.
Application rejected; liberty granted to apply afresh within two months if trial does not commence.
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1/2 (9)BA-915-13
Tilak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.915 of 2013
Ganesh Arun Khopde ... Applicant versus The State of Maharashtra ... Respondent
Ms.Kavita Pawar, Advocate for the applicant.
Mrs.Shilpa Gajare Dhumal, APP for the State.
CORAM : ABHAY M. THIPSAY, J.
DATED : JULY 17, 2013
P.C.
1 Heard Ms.Kavita Pawar, learned counsel for the applicant. Heard Mrs.Shilpa Gajare Dhumal, learned APP for the State.
2 The applicant’s previous application was withdrawn by his counsel when the Court had indicated that he would not be released on bail. This was on 20 October 2012. Now, prayer for bail is renewed on the ground that all the other accused in the case have been released on bail, and that, the reliance that was placed by the court earlier on certain material, needs to be re-considered.
2/2 (9)BA-915-13
3 Though it is not disputed that all the other accused in this case have been released on bail, the role attributed to the present applicant seems to be more prominent and graver. Thus, only on the ground of parity, the applicant cannot be released on bail.
4 It is true that the applicant is in custody since June 2012, and the trial has not commenced. Under the circumstances, though I am not inclined to release the applicant on bail at this stage, I think it proper to grant him liberty to seek bail afresh, if the trial does not commence within a reasonable time.
5 Application is rejected.
6 Liberty to the applicant to apply afresh for bail, should the trial not commence within a period of two months from today.
( ABHAY M.THIPSAY,J )
1 issue framed by the court
Whether the applicant should be released on bail given the delay in trial and the prominent role attributed to him compared to other accused who were released.
Ganesh Arun Khopde
The State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
