High Court allowed subsequent bail application by applicant invoking doctrine of parity as all co-accused were enlarged on bail by Supreme Court, directing furnishing of bond and reporting to Sessions Court.
Applicant enlarged on bail on furnishing P.R. Bond of Rs. 1 Lakh and one or more sureties, subject to reporting before Sessions Court.
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.
9-ba-305.20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.305 OF 2020
Rakesh Muniswami Naidu
...Applicant
V/s.
The State of Maharashtra
…Respondent
Mr. Satyam H. Nimbalkar, for the Applicant.
Ms. P.P. Shinde - APP for the State.
Digitally signed by Pallavi M. Pallavi M. Wargaonkar Wargaonkar Date: 2021.03.05 17:25:29 +0530
P.C. :
CORAM:SMT. SADHANA S. JADHAV, J.
DATED:4th MARCH 2021.
1.This is a subsequent application seeking enlargement on
bail. Earlier application No.2551 of 2017 filed by the present applicant
seeking enlargement on bail was rejected by this Court on merits vide
order dated 12th February 2018. Subsequently, this Court (Coram :
Sadhana S. Jadhav, J.) had also rejected the application filed by the co-
accused Amol Kamble on 30th October 2018. However, the Apex Court
vide order dated 3rd April 2019 had allowed the application upon an
assurance given by the prosecution that the trial in the present case
would be concluded within 8 months. Co-accused Amol Kamble was
enlarged on bail. Co-accused Shailendra Deshpande was also enlarged
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on bail by the Supreme Court on 16th August 2019 i.e. after framing of
charges as the charges were framed against the accused on 3rd April
2019.
2.The co-accused Sunil Kanse was also enlarged on bail by
the Apex Court vide order dated 20th January 2020 after
commencement of the trial.
3.Co-accused Ashok Lokhande was enlarged on bail by this
Court (Coram : Shri Sarang Kotwal, J.) vide order dated 16th October
2019 i.e. after framing of the charges.
4.The learned counsel for the applicant submits that as on
today, except the present applicant all the co-accused have been
enlarged on bail by the Supreme Court. The learned counsel has
submitted that by virtue of doctrine of parity, the applicant also
deserves to be enlarged on bail. Taking into consideration the fact that
all the accused except the applicant are enlarged on bail, applicant also
deserves same relief. Hence, the following order :
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ORDER
(i) Application is allowed;(ii)Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.1 Lakh and one or more sureties in the like amount;(iii)Applicant shall report before the Sessions Court on each and every scheduled date. On failure to attend the Court on any two consecutive dates, the learned Sessions Judge shall issue non-bailable warrant and take the applicant into custody;(iv)The prosecution is then at liberty to file an application seeking cancellation of bail;(v)Application is disposed of on above terms.(SMT. SADHANA S. JADHAV, J)
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1 issue framed by the court
Whether the applicant deserves enlargement on bail invoking the doctrine of parity given that all co-accused have been enlarged on bail.
Rakesh Muniswami Naidu
The State of Maharashtra
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court