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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Nitesh Vithal Tapisar – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
NEELA GOKHALE, J.
1. The Applicant seeks his release on bail in connection with FIR No. 56 of 2020 dated 14th March 2020 registered with Bhiwandi Taluka Police Station, Thane Rural, Mumbai for the offences punishable under Section 302 of the Indian Penal Code, 1860 (‘ IPC ’).
2. There is only one accused in the present case. It can be discerned from the FIR that the Applicant was desirous of having a relationship with the wife of the deceased out of an old friendship. The First Informant-Pooja Pawar was married to the deceased on 28th October 2019 and was living in her matrimonial home with her husband and his family members. On 13th March 2020, there was a verbal altercation between the First Informant’s husband namely Shyam Pawar and the Applicant in respect of the First Informant speaking with the Applicant. It appears that the deceased-Shyam had prohibited the Applicant from talking to his wife. Hence, the Applicant was angry with the deceased and out of the said grudge, he pick up a quarrel with him on 14th March 2020 at around 4:00 p.m. near the brick kiln. There was another verbal altercation between the parties, leading to a physical assault wherein the Applicant
The court found that the absence of premeditation and the lack of weapon use justified the granting of bail, considering the lengthy trial ahead.
Court emphasized the necessity of strong evidence of premeditation for custody in serious allegations, finding contradictions in victim's family's statements sufficient to grant bail.
A prolonged trial delay and lack of meritorious evidence can warrant bail, even for serious charges.
The principle of parity cannot be the sole basis for bail; serious evidence against the accused warrants denial of bail despite prolonged incarceration.
The court must balance individual liberty and societal interests when evaluating bail requests based on prima facie evidence of complicity in serious crimes.
The decision emphasizes the importance of concrete evidence and the presumption of innocence until proven guilty in bail applications.
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.
Bail may be denied in cases involving serious offenses where there is substantial evidence against the accused, particularly in instances of domestic violence.
Bail is a rule and jail is an exception; courts must consider the nature of accusations, public interest, and the accused's character when granting bail.
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