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REVATI MOHITE DERE, GAURI GODSE
Sagar @ Nikhil Jagdish Kate – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
REVATI MOHITE DERE, J.
1. Heard.
2. Admit. Learned A.P.P. waives notice on behalf of the respondent No. 1-State. Mr. Mogre waives notice on behalf of the respondent No. 2.
3. By this appeal, preferred under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short ‘SCST Act’) the appellant has impugned the order dated 18th February 2022 passed by the learned Special Judge, Pune, by which, the appellant’s application (Exhibit 15) was rejected by the said Court. Accordingly, the appellant seeks his enlargement on bail in connection with C.R. No. 306/2020, registered with the Sangvi Police Station, Pune, for the alleged offences punishable under Sections 302, 143, 147, 148, 149 of the Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(va), 3(2)(v) of the SCST Act and Sections 37(1), 135 of Maharashtra Police Act.
4. Learned counsel for the appellant submits that there is a contradiction between the information given by the first informant, pursuant to an alleged dying declaration made by deceased-Viraj on the one hand and the statements of the eyewitnesses, in particular, the statements of Abhishek and Anant Dongre. He submits that
The main legal point established in the judgment is the consideration of circumstantial evidence, dying declaration, and the nature of injuries in deciding the validity of a bail application in a cas....
The court emphasized the principle of parity in bail applications, allowing bail when co-accused with similar roles have been granted bail, highlighting the absence of evidence suggesting tampering.
The main legal point established in the judgment is the court's discretion in granting bail, considering the gravity of the offense, presence of eyewitnesses, and the need for expeditious trial proce....
The court granted bail based on the appellant's custody duration and the release of similarly situated co-accused, without commenting on the merits of the case.
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