Omkar Dattatraya Dangat vs State Of Maharashtra And Anr
2023 Latest Caselaw 9262 Bom

                                                                            (12)IA-3110-2023.doc


rajshree


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                               INTERIM APPLICATION NO.3110 OF 2023
                                                     IN
                                   CRIMINAL APPEAL NO.229 OF 2020


            Omkar Dattatraya Dangat                       ]    ..      Appellant
                             vs.
            State of Maharashtra & Anr.                   ]    ..      Respondents

Mr.Adwait Bhonde for the Applicant.

Mr.S.R. Agarkar, APP for the State.

                                          CORAM : BHARATI DANGRE, J

                                          DATE   :        04th September, 2023.

            P.C.

            1]      The Appellant was released on bail by order dated 26.04.2022,

when his Application seeking suspension of sentence and release on bail was allowed in the pending Criminal Appeal No.229/2020.

2] The order which suspended sentence imposed upon him in SC No.371/2015 and had directed his release on bail on executing PR Bond in the sum of Rs.25,000/- with one or more sureties, in the like amount. He was permitted to furnish cash bail for the period of 8 weeks, in lieu of the surety.

(12)IA-3110-2023.doc

3] The learned counsel for the Applicant would, however, submit that, despite this order being passed on 26.04.2022 , he is not able to comply with the same, as a result, he continue to be incarcerated undergoing the sentence imposed upon him under the impugned Judgment.

Worth it to mention that when the order dated 26.04.2022 was passed, the Applicant was in custody for 6 years and 8 months and today, he has undergone 8 years, out of the total imprisonment of 10 years, imposed upon him under the impugned Judgment.

4] The learned counsel for the Applicant has invited my attention to an order passed by the Hon'ble Apex Court in case of "In Re Policy Strategy for Grant of Bail", wherein their Lordships of the Apex Court have taken cognizance of the peculiar situation where for any reason and particularly on account of poverty, the accused is unable to furnish the sureties.

With the assistance of the amicus curie, the Court noted that the NALSA is in the process of making a master data for such under-trial prisoners with all relevant details including the reasons for their non- release and steps to be taken for prisoners who are unable to furnish bail bonds or surety and this would be shared with the State Legal Services Authority/District Legal Services Authority.

A reference is made to the NIC e-prison software, which is informed to be operating in 1300 jails in the country, where such data has to be entered.

In order to ameliorate the problem, for the time being certain directions are issued and direction Nos.4 and 5 contemplate as under :-

(12)IA-3110-2023.doc

"4] The Secretary, DLSA with a view to find out the economic condition of the accused, may take help of the Probtion Officers or the Para Legal Volunteers to prepare a report on the socio-economic conditions of the inmate which may be placed before the concerned Court with a request to relax the condition (s) of bail/surety.

5] In cases where the undertrial or convict requests that he can furnish bail bond or sureties once released, then in an appropriate case, the Court may consider granting temporary bail for a specified period to the accused so that he can furnish bail bond or sureties."

5] Before I proceed to consider the entitlement of the Applicant to be released on bail, let the learned APP is directed to obtain instructions :-

a] Whether the Yerwada Central Prison, where the Applicant is presently housed has installed the NIC e-prison Software so as to retain the data of the present Applicant or prisoners who face similar situation as indicated by the Apex Court in its order.

b] Whether the Applicant on undergoing 8 years of rigorous imprisonment out of 10 years sentence imposed upon him, is entitled for being released by taking into account the remission to be awarded to him.

6] Upon the said information being made available, if there is any involvement of the DLSA, the order passed by the Court can be implemented by ensuring the compliance, as the learned counsel would state that upon his release, he shall be furnishing bail bond and sureties.

Let Mr. Agarkar, APP obtain necessary instructions. List on 11.09.2023.

[BHARATI DANGRE, J]