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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Nitin Arjun More – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to bail application and factual setup. (Para 2 , 3 , 4) |
| 2. court's reasoning for considering bail. (Para 6 , 9) |
| 3. arguments for and against granting bail. (Para 7 , 8) |
| 4. conditions and instructions regarding bail. (Para 10 , 11 , 12 , 13) |
| 5. final ruling on the appeal. (Para 14) |
ORDER
2. This appeal challenges the judgment and order dated 28.06.2024 passed by the High Court of Judicature at Bombay in Criminal Bail Application No. 479 of 2024.
4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 28.06.2024, the appellant has preferred the instant appeal.
Issue notice to the respondent, returnable on 20.01.2025.
Petitioner's counsel is also permitted to serve the standing counsel for the respondent-State."
7. Learned counsel for the appellant submitted that the appellant has been in custody since 19.08.2023. Although, the Charge-sheet has been filed, the charges have not yet been framed. Therefore, the accused is in jail as an under-trial. Further, the co-accused has been granted the relief of bail. In the circumstances, the impugned order(s) may be set aside and relief of bail may be granted to
Supreme Court granted regular bail in serious offence case involving alleged spontaneous scuffle, noting prolonged custody without trial commencement and rejecting High Court's one-year re-applicatio....
The court established that a delay in trial and the number of witnesses can justify granting bail, emphasizing the need for conditions to ensure the appellant's presence.
Points Of Law : Appellant has already undergone more than 11 years in jail so far and the fact that his conduct in jail has been satisfactory.
The principle of parity allows bail to co-accused similarly situated when one is granted bail, supported by the length of pre-trial incarceration.
The court granted bail under Section 409 IPC, emphasizing the need for a fair assessment of the appellant's circumstances and ensuring conditions to prevent misuse of liberty.
Points of Law : Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to ensure presence and participation of the appellant in the pending....
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
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