The High Court of Bombay (Criminal Appellate Jurisdiction) rejected an application for bail filed by Bhausaheb Pandurang Garad on the ground of parity with other co-accused. The court held that the applicant had failed to show any subsequent change in material or circumstances warranting a reconsideration of the earlier rejection.
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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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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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2 issues framed by the court
Whether bail should be granted on the ground of parity when the initial application was rejected.
Whether deterioration in the applicant's health constitutes a sufficient ground for bail at this stage.
Bhausaheb Pandurang Garad
The State of Maharashtra
B.P. Dharmadhikari
Swapna Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
