In this bail application, the High Court of Bombay rejected the plea for release, holding that the ingredients for bail under Section 436-A Cr.P.C. were not satisfied and Section 29 was inapplicable due to the nature of the offence charged.
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.
1/237 BA 192.2021.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.192 OF 2021
....
Abhishek Dilip GadekarApplicant
Vs.
The State of Maharashtra….
Respondent
Mr. Satyavrat Joshi i/by Mr. Rohit S. Shevte for Applicant
Ms. Sharmila S. Kaushik, A.P.P., for State-Respondent
Coram : NITIN W. SAMBRE, J. Date : 23rd JULY, 2021
P.C.:
1The submissions of Mr. Joshi, learned counsel appearing for
the applicant are, the applicant is entitled to be released on bail in view
of provisions of Section 29 of Code of Criminal Procedure, as the
Magistrate is empowered to impose punishment of not more than three
years.
2According to him, the applicant has already undergone
three years sentence, as such he is entitled for bail. Mr. Joshi would
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also rely on provisions of Section 436-A of Code of Criminal Procedure,
which provides for release of an accused pre-trial in case if he has
undergone half of the sentence.
3 Admittedly, the punishment for the offence under Section
420 provided under the Indian Penal Code is 7 years and in such an
eventuality, learned Judicial Magistrate, First Class can take recourse to
the provisions of Section 325 of Cr.P.C.
4As the ingredients of Section 436-A Code of Criminal
Procedure are not satisfied and in view of provisions of Section 325
Code of Criminal Procedure, in my opinion, no case for bail is made out.
The Bail Application stands rejected.
( NITIN W. SAMBRE, J.)
1 issue framed by the court
Whether the applicant is entitled to bail under Section 29 Cr.P.C. and Section 436-A Cr.P.C. given the carrying charge of the offence.
Abhishek Dilip Gadekar
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
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