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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE MADHAV J. JAMDAR
PRASHANT SAKHARAM ATRE – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Tapan Thatte, learned Counsel for the Applicant and Ms. Anuja Gotad, learned APP for the State.
2. This is the second Bail Application. The first Bail Application bearing Bail Application No.2450 of 2023 has been allowed to be withdrawn by this Court by Order dated 17th January 2024. By the said Order, the Applicant is granted leave to file a fresh Bail Application, if the trial is not concluded within a period of one year. Pursuant to the said liberty, the present Bail Application is filed.
3. The relevant details are as under :-
| 1. | C.R. No. | 110 of 2023 |
| 2. | Date of Registration of F.I.R. | 21/03/2023 |
| 3. | Name of Police Station | Dighi Police Station, Pimpri Chinchwad, District-Pune |
| 4. | Section/s invoked in F.I.R. | 354 (A), 354(B) of the I.P.C., 1860 and u/s 11 and 12 of the Protection of Children from Sexual Offence Act, 2012. |
| 5. | Date of Arrest of Applicant | 21/03/2023 |
| 6. | Date of filing Charge- sheet | June 2023 |
4. At the outset, Mr. Thatte, learned Counsel for the Applicant submitted that the Applicant is not seeking bail on merits and he is only seeking benefit under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”). It is his submission that the Ap
The court ruled that the serious nature of the charges against a first-time offender does not guarantee bail under Section 479 of BNSS, emphasizing the gravity of the offense involving a minor.
Serious allegations of gang rape against minors necessitate denial of bail, emphasizing prima facie evidence of active involvement and potential witness tampering, aligning with the parameters set fo....
The court ruled that the petitioner is entitled to statutory bail under Section 187(3) of BNSS, emphasizing that the maximum punishment under Section 22(b) of the NDPS Act is ten years, and anteceden....
Completion of 1/3rd of a maximum sentence does not automatically entitle a first-time offender to bail; statutory provisions and precedents dictate strict criteria for drug-related offences.
The retrospective application of Section 479 of the Bharatiya Nagarik Suraksha Sanhita is limited to under-trial prisoners and does not extend to convicted prisoners.
The right to a speedy trial under Article 21 of the Constitution prevails, allowing bail under Section 436A of the CrPC despite statutory restrictions in the PMLA.
The importance of complying with mandatory provisions of the law, recording reasons for granting or denying bail, and applying judicial mind in bail matters.
The right to a speedy trial under Article 21 allows for bail under Section 436A of the CrPC if the accused has served more than half of the maximum sentence for the offence charged.
The main legal point established in the judgment is that the grant of bail must be based on relevant considerations, and the heinous nature of the offence, statutory presumptions under the POCSO Act,....
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