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BOMBAY HIGH COURT
MOHD. FIROJ HASIM SHAIKH – Appellant
Versus
STATE OF MAHARASHTRA AND ANR. – Respondent
JUDGMENT :
[MILIND N. JADHAV, J.]
1. Heard Mr. Jadhav, learned Advocate for Applicant in Bail Application No.1490 of 2024; Mr. Shaikh, learned Advocate for Applicant in Bail Application No.1408 of 2024; Mr. Thekkara, learned Advocate for Applicant in Bail Application No.2018 of 2024; Mr. Haldankar, learned APP for Respondent – State in Bail Application No.1490 of 2024 and Bail Application No. 1408 of 2024; Mr. Kulkarni, learned APP for Respondent – State in Bail Application No.2018 of 2024; Ms. Lodha, learned Advocate for Respondent No.2 in Bail Application No.1490 of 2024 and Bail Application No. 1408 of 2024 and Mr. Patil, learned Advocate for Respondent No.2 in Bail Application No.2018 of 2024.
2. All three Bail Applications are decided by this common order since First Informant is common in all three Applications as also period of occurrence of the alleged offences in all three Applications is overlapping each other and most importantly indictment of all three Applicants before me is under identical Sections of the Indian Penal Code, 1860 read with the Protection of Children from Sexual Offences Act, 2012.
BAIL APPLICATION NO. 1490 OF 2024
3. Bail Application No.1490 of 2024 is file
Bail is the rule and jail is the exception; the court emphasized the presumption of innocence and the need for a balanced approach in serious offences against minors.
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 main legal point established is that the presumption of innocence, the need for a speedy trial, and the balance between personal liberty and the investigational right of the police are crucial fa....
Point of law: It needs to be noted that the role attributed to the applicant and his son is almost identical and similar except to the extent that the applicant made two calls to the first informant ....
The principle that bail is the rule and jail is the exception is reaffirmed, especially when an accused has been in custody for an extended period without trial progress.
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
The right to a speedy trial is fundamental, and prolonged detention without trial is unjustifiable, especially in the absence of compelling evidence against the accused.
Point of law: There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by ....
The principle that bail is the rule and jail is the exception is reinforced, emphasizing the right to a speedy trial and the presumption of innocence.
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