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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Sunil @ Satya Shantaram Dalvi – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 1 , 2) |
| 2. previous bail application was rejected. (Para 3) |
| 3. applicants' counsel argues for bail on grounds of parity and long incarceration. (Para 4 , 5) |
| 4. prosecution presents evidence against applicants' bail request. (Para 6 , 7) |
| 5. court reviews previous bail decisions relevant to applicants. (Para 8 , 9) |
| 6. sufficient evidence linked to applicants; disallows parity argument. (Para 10 , 15) |
| 7. court affirms limitations on applying principle of parity. (Para 11 , 12) |
| 8. balancing individual liberty with societal interest in justice. (Para 17 , 18) |
| 9. application is dismissed; cbi directed for timely investigations. (Para 19 , 20) |
JUDGMENT :
NEELA GOKHALE, J.
1. The Applicants seek their release on bail in connection with C.R. No.I- 76 of 2020, dated 17th April 2020 and C.R. No.I- 77 of 2020, dated 18th 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, 1
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 principle of parity cannot be the sole basis for bail; serious evidence against the accused warrants denial of bail despite prolonged incarceration.
Point of law : discretion for grant of bail must be exercised cautiously while considering the bail petitions of the nature being dealt with.
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....
Under UA(P) Act Section 43D(5), bail denied if charge-sheet shows prima facie true accusations of terrorist gang involvement; custody/delay insufficient absent changed circumstances; parity only for ....
Bail under the U.A.P. Act requires prima facie assessment of allegations; long custody or parity with co-accused do not automatically justify release.
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