Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Balu Vishnu Kachara – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
DR. NEELA GOKHALE, J.
1. The Applicant seeks his release on bail in connection with C.R. No. 20 of 2016 dated 5th February 2016 registered with the Talasari Police Station, Dist. Palghar for the offences punishable under Sections 395 , 397, 353, 186, 333, 504 and 506 of the Indian Penal Code, 1860 (for short, “ IPC ”).
2. It is the case of the prosecution that on the date of the incident, the officers of the State Excise Department were patrolling at village Udhwa at Kodad Road. At that time, the Applicant and co-accused were found to have been transporting illegal liquor in two vehicles. The vehicles were intercepted and stopped by the personnel of the Excise Department. The Accused fled from the spot. However, while the Excise Department personnel were moving the vehicles and the liquor cases to the police station, all the Accused came in a vehicle and assaulted the Excise Department personnel and took away the stock of liquor and their seized vehicles.
3. The Applicant had filed the bail application before this Court bearing Bail Application No. 473 of 2023. This Court, after hearing both the parties, had rejected the said application, however, had granted liberty to the
Indefinite detention without trial is not justifiable; a court can grant bail under strict conditions to ensure the accused's attendance at trial.
The court allowed bail while imposing conditions, emphasizing that further detention was unnecessary under the circumstances.
Grant of Bail – Possession of illicit liquor - quantity of liquor which has already been seized, offence is triable by Judicial Magistrate First Class and the applicant is in jail since 05.04.2021, n....
The court's decision to grant bail was based on the considerations of the duration of custody, absence of criminal antecedents, and the likelihood of a lengthy trial, as provided under Section 439 of....
The court's decision to grant bail was influenced by the amount of liquor seized and the period of custody already undergone by the applicant, without commenting on the merits of the case.
Bail can be granted considering the duration of custody and pending trial, provided that the applicant complies with specified conditions, including attending court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
