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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J
Gaurav Arjun Patil – Appellant
Versus
State Of Maharashtra – Respondent
JUDGEMENT:
MILIND N. JADHAV, J
1. Heard Mr. Rathod, learned Advocate for Applicant; Ms. Deshmukh, learned SPP for Respondent – State and Mr. Dalal, learned Amicus Curiae appointed by the Court.
2. Present Application is filed by Applicant – Gaurav Arjun Patil under Section 439 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking regular bail in connection with First Information Report (for short “FIR”) No.08 of 2023 registered with Kalachowki Police Station for offences under Sections 3(1)(a)(c), 4, 5(1)(a)(b)(d) and 9 of the Official Secrets Act, 1923 (for short “the said Act”) readwith Section 120-B of the Indian Penal Code, 1860 (for short “IPC”). Investigation in the matter is completed and charge-sheet has been filed before the Sessions Court, Thane which has culminated into Special Case (ATS) No.142 of 2024. There are total 4 Accused persons arraigned in the crime. Applicant before me is arraigned as Accused No.1 and is incarcerated since 13.12.2023. Accused Nos. 2 and 3 are shown as absconding accused. Accused No.4 is a 25 year old woman hailing from Kaliyaganj, West Bengal, a mobile smart card seller and crypto currency trader who transferred Rs.2,000/- online
The court emphasized the need for a reformative approach in dealing with young offenders, considering their potential for rehabilitation over punitive measures.
The court emphasized the need for rehabilitation over punishment for young offenders, considering their age and circumstances in bail decisions.
The court emphasized rehabilitation over punishment for young offenders, allowing bail to promote education and prevent recidivism.
The court emphasized rehabilitation over punishment for young offenders, allowing bail based on the applicant's age, educational background, and circumstances of the incident.
The court emphasized rehabilitation over punishment for young offenders, allowing bail based on the Applicant's age and circumstances surrounding the incident.
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.
UA(P) Act - Grant or release on bail to an accused person, is enunciated as a non-obstante clause, which clearly and unequivocally postulates that, if the Court is of the opinion that, there are reas....
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.
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