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SARANG V. KOTWAL
Hemant Ramesh Gaikwad – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
1. This is third time the applicant is approaching this Court for his release on bail in connection with C.R. No.281/2018 registered at Saswad police station, District- Pune under Ss. 302, 307, 143, 145, 147, 148 read with 149 of IPC and under Sec. 3(25) of the Indian Arms Act. On the first occasion, the applicant had preferred Criminal Bail Application No.1726/2019. In that application, following order was passed on 27/9/2019:
"1. After arguing for some time, learned senior counsel for the applicant, on instructions, prays for withdrawal of this application.
2. Permission is granted. The application is allowed to be withdrawn and is accordingly disposed of."
2. After that, the applicant preferred second bail application vide Criminal Bail Application No.2767/2021. In that application, the following order was passed on 15/3/2022.
1. The Applicant had earlier approached this Court vide Criminal Bail Application No.1726/2019. On 27/9/2019, the following order was passed :
"1. After arguing for some time, learned counsel for the applicant, on instructions, prays for withdrawal of this application.
2. Permission is granted. The application is allowed to be withdrawn and is acco
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
Point of Law : Grant of Bail looking at the nature of allegations made against the applicant in the FIR.
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
The judgment established the principle that the right to individual liberty must be balanced with the interest of society, especially when there is prolonged detention without commencement of trial a....
The principle of parity cannot be the sole basis for bail; serious evidence against the accused warrants denial of bail despite prolonged incarceration.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
The heinousness of the offense, evidence available on record, and the accused-applicants' criminal history were central to the court's decision in rejecting the bail applications.
The main legal point established in the judgment is that the grant of bail was influenced by the lack of specific allegations, absence of corroborative evidence, and inconclusive electronic evidence ....
Repeated offenders who commit crimes while on bail should not be granted bail, and the trial should be expedited. The nature of offenses and the general conduct of the accused are crucial factors in ....
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