Single judge allowed successive bail application by original accused No. 1, granting bail on grounds of parity with other accused granted bail by Trial Court and Supreme Court. Bond conditions imposed.
Grant of bail on PR bond of Rs. 1,00,000/- with deposit of Rs. 50,000/- and specific passport/travel restrictions.
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.
ssm 1 6-ba429.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 429 OF 2019
Mr. Arunasalam Shuthakaran
…..Applicant
Vs.
State of Maharashtra ….Respondent.
Mr. Dinesh Tiwari a/w Mikhail Dey I/by Dinesh Tiwari & Associates for the Applicant. Mr. R.M. Pethe, APP for the Respondent-State.
CORAM : A. S. GADKARI, J. DATE : 27th FEBRUARY, 2019.
P.C.:-
This is a successive Application for bail of Original Accused
No.1. The earlier Bail Application No. 2182 of 2017 preferred by the
Applicant was rejected by this Court by its Order dated 24th February, 2018.
2 After rejection of the earlier Bail Application, the Hon’ble the Supreme Court by its Order dated 4th December, 2018 was pleased to grant bail to co-accused No. 4 who is attributed with same and/or similar role as of the Applicant.
3 Subsequently, this Court by its Order dated 24th January, 2019 has granted bail to the Original accused Nos. 2 and 3 on the
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ssm 2 6-ba429.19.doc
ground that the Original accused No. 4 was granted bail by the Hon’ble the Supreme Court. The allegations made against the present Applicant are similar to those of Original accused Nos. 2,3 and 4 and therefore, the Applicant is entitled to be released on bail on the ground of parity.
Hence the following Order-
a) The Applicant shall execute PR bond in the sum of Rs.1,00,000/- (Rupees One Lakh only).
b) He shall deposit cash security of Rs.50,000/(Rupees Fifty Thousand only) with the Trial Court.
c) The Srilankan, UK and German Embassy shall not issue any travel document to Accused No.1 during the pendency of the Trial.
d) The passport of Accused No. 1 shall remain deposited with the Trial Court and he shall not leave the country during the pendency of the trial.
e) The Applicant, before his actual release from Jail, shall submit the documents of his prospective residence to the concerned police station along with mobile/phone number for contact at the said place
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ssm 3 6-ba429.19.doc
of residence.
(A.S. GADKARI, J.)
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1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused granted bail.
ssm 1 6-ba429.19.doc
State of Maharashtra
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
