Criminal application for bail to be granted on the ground of parity, raised by an applicant whose earlier application was rejected. The court rejected the application, holding that parity cannot be granted where material for others was examined and no deficiency was previously pressed.
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3-appa-132.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 132 OF 2019 IN CRIMINAL APPEAL NO. 230 OF 2015
Bhausaheb Pandurang Garad
… Applicant
Versus
The State of Maharashtra
… Respondent
ALONG WITH CONNECTED MATTERS
Mr. Sudhir Halli for the applicant.
Mr.H.J. Dedhia, APP for the respondent State.
Mr. Swaroop Karade i/by Surel Shah for the Intervener.
CORAM : B.P. DHARMADHIKARI & SMT.SWAPNA JOSHI, JJ. DATE : JUNE 21, 2019
P.C. :
Criminal Application No. 135 of 2016 moved by the present applicant for bail is rejected by this court on 23/6/2016. The grounds then raised have been looked into. Effort now is to secure the bail on the ground of parity. It is submitted that except applicant all the other accused are already enlarged on bail. The orders pressed into service to claim parity are dated 15/9/2015 and 27/10/2015. Thus these orders were already in existence
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3-appa-132.2019.odt
when the Criminal Application No.135 of 2016 was filed and came to be rejected.
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health of the applicant has deteriorated and considering the period spent by him in jail, he needs to be released on bail. Learned APP submits that there are no pleadings in this respect in the present application.
(SMT.SWAPNA JOSHI, J.)
(B.P. DHARMADHIKARI, J.)
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3 issues framed by the court
Whether bail should be granted on the ground of parity when material available for other accused was not previously pressed for the applicant.
Whether delay in moving a bail application on grounds of health warrants relief without specific pleadings.
Whether the High Court can entertain an appeal against an earlier rejection of a bail application based on parity.
Bhausaheb Pandurang Garad
The State of Maharashtra
Intervener
B.P. Dhamadikhari
Swapna Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
