Order 2

Order Details: Bail Order
Pdf Text: C. C. No. 857 PW 2022 State Vs Purab and anr.
CNR No.MHMM18-004131-2022
ORDER BELOW BAIL APPLICATION NO. 1/2023
1. Perused record. Heard both the sides.
2. This is an application under Section 437 of Code of Criminal
Procedure for bail. It is contended that investigation is over and charge
sheet is already filed. Even bail was granted, but applicant remained
absent for committal due to inadvertence. There is no possibility of
absconding and will remain abide by the conditions, if any, imposed. The
allegations are false, etc. The Investigating Officer and Ld. A.P.P. objected
to the application mainly on the ground that offence is triable by Court of
Session and against public servant. There is possibility of tampering and
investigation is in progress. Therefore, application shall be rejected.
3. Admittedly investigation is completed. Accused is in custody since
30.12.2022. Accused was already on bail, but arrested in response to
service of non bailable warrant. Accused is ready to remain abide by the
conditions. So far as, the nature of offence i.e. offence triable by Court of
Sessions is concerned, the Code of Criminal Procedure draws distinction
between nature of offences only for the purpose of trial and not for
inquiry contemplated under Chapter 33, i.e. provisions relating to bail.
Section 437 does not make any such distinction and restricts jurisdiction
of this Court to grant bail in case of offences triable by Court of Sessions.
There are certain restrictions are laid down to consider bail plea in respect
of offences punishable either with imprisonment for life or death penalty.
However, the present offence though triable by Court of Sessions
punishable only upto 5 years of imprisonment. As there are no restrictions
under Section 437 for considering prayer of bail in this matter. Therefore,
application can be entertained and decided.
4. Law is well settled, bail is a right and jail is an exception. If the
nature of the offence is not much serious, possibility of tampering is nil
and presence of accused can be secured during trial, bail can be granted.
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C. C. No. 857 PW 2022 State Vs Purab and anr.
CNR No.MHMM18-004131-2022
The main witnesses are public servants, investigation is almost over so far
as accused is concerned. Allegations are not much serious. Thus,
possibility of tampering is almost nil. The accused is permanent resident
of place situated within the jurisdiction of this Court and having family
there. There appears no possibility of fleeing from trial. All these aspects
if collectively considered it is clear that bail needs to be granted. Merely
because offence is triable by Court of Sessions it cannot be refused. The
apprehension raised by Investigating Officer and Ld. A.P.P. can be
addressed by imposing certain conditions. Therefore, following order -
ORDER
a. Application is allowed.
b. Accused is released on bail on same terms and conditions, as laid
down by Sessions Court, in previous bail order.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.01.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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