SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(SC) 983

SUPREME COURT OF INDIA
Dinesh Maheshwari, Aniruddha Bose, JJ.
Pawandeepsingh Mahendrasingh Kohli – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Appeal No. 513 of 2021 (Arising out of SLP(Crl.)No.3831 of 2021) (Diary No. 25332 of 2020)
Decided On : 18-05-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. K. Parameshwar, Adv., Mr. Anand Dilip Landge, AOR
For the Respondent: Mr. Rahul Chitnis, Adv., Mr. Sachin Patil, AOR, Mr. Aaditya A. Pande, Adv., Mr. Geo Joseph, Adv.

Headnote:

Appeal - Delay condoned – Grant of Bail - Court posed a question to learned counsel for State with reference to averments made in counter affidavit as regards conduct of appellant in custody, which have been countered by appellant by way of rejoinder affidavit – Held, Court have taken note of submissions made by counsel for appellant that he is in custody and allegations against him cannot be said to be standing on a higher pedestal than allegations against various other co-accused persons, including co-accused, who was granted bail by this Court by order; and also other accused in a co-related matter, who was granted bail by this Court by order with reference to aforesaid order concerning co-accused - It is also pointed out that so far trial is concerned, same has not proceeded further and even charges are yet to be framed - Respondent-State though has opposed prayer for grant of bail as made on behalf of appellant but could not dispute basic fact concerning co-accused persons, as also status of trial, as noticed above – Court find it just and proper that appellant be released on bail, now at this stage as no useful purpose will be served with his further detention in matter – Appeal allowed.

ORDER :

1. Delay condoned.

2. Leave granted.

3. Heard learned counsel for the parties.

4. At the outset, we posed a question to the learned counsel for the State with reference to the averments made in paragrah 8 of the counter affidavit as regards the conduct of the appellant in custody, which have been countered by the appellant by way of rejoinder affidavit.

5. Learned counsel for the respondent-State, Mr. Rahul Chitnis, in all fairness, submits that as regards such averments, he has not placed any documentary evidence on record.

6. Leaving this aspect aside, we have taken note of the submissions made by learned counsel for the appellant that he is in custody since 16.02.2016 and the allegations against him cannot be said to be standing on a higher pedestal than the allegations against various other co-accused persons, including the co-accused Santosh Shankar Ingle, who was granted bail by this Court by order dated 05.11.2020 in SLP(Crl.) No. 4713 of 2020; and also the other accused (Haridas Vitthal Dalvi) in a co-related matter, who was granted bail by this Court by the order dated 25.03.2021 in SLP(Crl.) No. 6355 of 2020 with reference to the aforesaid order dated 05.11.2020 concerning the co-accused (Santosh Shankar Ingle).

7. It is also pointed out that so far the trial is concerned, the same has not proceeded further and even the charges are yet to be framed.

8. Learned counsel for the respondent-State though has opposed the prayer for grant of bail as made on behalf of the appellant but could not dispute the basic fact concerning the co-accused persons, as also the status of the trial, as noticed above.

9. Having regard to the totality of the facts and circumstances of the case, we find it just and proper that the appellant be released on bail, now at this stage as no useful purpose will be served with his further detention in the matter.

10. Accordingly, this appeal is allowed; the impugned order dated 29.03.2019 is set aside; and the appellant is ordered to be released on bail on such terms and conditions as may be imposed by the Trial Court.

11. In keeping with the orders passed in relation to the co-accused persons, it is also provided that apart from other conditions, the Trial Court shall also ensure that the appellant shall surrender his passport, if any, and further that he shall not contact or, in any manner, influence the witnesses of the case.

12. It is also made clear that if it is found at any stage that the appellant is misusing the liberty of bail, it shall be open to the prosecution to seek cancellation of bail.

13. Pending applications, if any, stand disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top