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B. V. NAGARATHNA, UJJAL BHUYAN
Ashpak Basha Makandar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. appellant facing trial with multiple charges (Para 4 , 5) |
| 2. arguments regarding bail based on parity with co-accused (Para 7 , 8) |
| 3. court's decision based on circumstances and submissions (Para 9 , 10) |
| 4. conditions imposed on granted bail and appeal allowance (Para 11 , 12 , 13 , 14 , 15) |
ORDER :
1. Issue notice to the respondent.
2. Mr. Aaditya Pande, learned counsel accepts notice for the respondent.
3. Leave granted.
4. This appeal challenges the order dated 16.12.2025 passed by the High Court of Judicature at Bombay in Bail Application No.3751 of 2024.
5. The appellant has been facing trial in connection with a crime registered pursuant to FIR No. 306 of 2024 dated 19.05.2024 lodged with Police Station Yerwada, District Pune City in respect of offences punishable under Sections 304 , 279, 337, 338, 427, 120-B, 209, 213, 214, 466, 467, 468, 471, 109 read with Section 34 of the Indian Penal Code (in short, " IPC ") and Sections 7 , 7-A, 8, 12, 13 of the Prevention of Corruption Act, 1988 (in short, "PC Act") and Sections 184 , 185, 199/177, 3(1)/180, 5, 171, 119 and 199/177 of the Motor Vehicles Act, 1988 (in short, "MV Act"). The application seeking bail having bee
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 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.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
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....
A convict with a sentence under three years is entitled to seek bail pending appeal under specific provisions of the Criminal Procedure Code.
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....
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.
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