The Single Bench of the Bombay High Court consisting of Justice S Anil S. Kilor releases appellants on bail due to possible false implication in the alleged offences.
Facts
This appeal arose out of rejection of pre-arrest bail passed by learned District Judge-2 and Additional Sessions Judge in a Miscellaneous Criminal Bail Application in the event of arrest of the appellants for the offences punishable u/s 504 and 506 of the IPC and Sections 3(1) (r),(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Contentions Made
Appellant: Though the Investigating Officer made a categorical statement before the Sessions Court that custodial interrogation of the appellant is not necessary and further it is also observed that possibility of false implication cannot be ruled out, the application for grant of pre-arrest bail was rejected. The complaint was lodged to falsely implicate the appellant in the alleged offence.
Respondent: They strongly opposed the application and submitted that there was prima-facie material against the appellant.
Observations of the Court
The Bench observed that:
“On going through the case diary and after considering the contents of the First Information Report and the findings recorded by the learned Sessions Court…the Investigating Officer has specifically stated that the custodial interrogation of the applicant is not necessary. Further, the learned trial Court has also expressed the possibility of false implication of the appellant in the alleged offence.”
Judgment
The Criminal Appeal was allowed and the order by the District Judge-2 and Additional Sessions Judge was set aside. The appellants shall be released on bail on executing P.R. Bond of Rupees Fifteen Thousand each with one solvent surety for each of the appellants and they shall attend the concerned Police Station as and when their presence is required.
Case Name: Gangaram alias Guddu & Anr vs State of Maharashtra & Anr.
Citation: CRIMINAL APPEAL NO. 577 OF 2021
Bench: Justice Anil S. Kilor
Decided on: 7th March 2022
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