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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Rajesh Dhakal Rao – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. facts surrounding the bail application. (Para 1 , 2) |
| 2. arguments made for and against bail. (Para 3 , 4 , 5 , 6) |
| 3. court's observations and considerations. (Para 7 , 8 , 9 , 14 , 17) |
| 4. principle of parity in bail decisions. (Para 10 , 11 , 12 , 13) |
| 5. final decision and directives on investigation. (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
NEELA GOKHALE, J.
1. The Applicant seeks his release on bail in connection with C.R. No.I-76 of 2020, dated 17th April, 2020, registered with the Kasa Police Station, Palghar, for the offence punishable under Section 3 07 , 353, 332, 333, 341, 427, 147, 148 and 149 of the INDIAN PENAL CODE , 1860 (‘IPC’) and and 5 of the Prevention of Damage to Public Property Act, 1984. Thereafter, Sections 3 02 , 120B, 109, 117, 143, 144, 145, 152, 153, 188, 201, 269, 270, 271, 290, 342 and 505(2) read with 4 of the IPC and Sections 5 1(B), 52 and 54 of the Disaster Management Act, 2005 and Sections 2 , 3, 4 and 5 of the Epidemic Disease Act, 1897 and Sections 135 read with 7 (1) and (3) of the MAHARASHTRA POLICE ACT , 1951 were applied. Upon investigation, the charge-sheet was filed against 126 persons including the present Applican
The principle of parity cannot be the sole basis for bail; serious evidence against the accused warrants denial of bail despite prolonged incarceration.
The principle of parity in bail applications requires careful consideration of each accused's role, and cannot be invoked where direct involvement and serious charges exist.
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....
Point of Law : Grant of Bail looking at the nature of allegations made against the applicant in the FIR.
Point of law : discretion for grant of bail must be exercised cautiously while considering the bail petitions of the nature being dealt with.
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....
Bail is the rule and jail is the exception, and Courts must uphold the tenets of personal liberty, subject to rightful regulation by validly enacted legislation.
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....
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