Final Order 2

Order Details: Bail Order
Pdf Text: C. C. No. 1294 PW 2022 State Vs Ram and ors.
CNR No.MHMM18-006884-2022
ORDER BELOW BAIL APPLICATION NO.3628/2022
1. Perused record. Heard both the sides.
2. The present application is filed by one of the accused Smt.
Kalawati Bharat Bhosle, a old aged woman, through a junior advocate
Mr. Ganesh Kunchikurve, who is not at all prepared and appears to be ill-
informed about the intricacy of law, under Section 437 of Code of
Criminal Procedure for bail. Though it is Session triable offence and
matter is quite serious, Ld. Advocate not taken any pain and straight way
filed this vague application in printed format by filling certain details,
contending that accused is innocent. The investigation is over and charge
sheet already filed. Accused is ready to remain abide by the conditions,
therefore, she shall be released on bail, etc.
3. Ld. A.P.P. submitted that the accusations are well founded and
sufficient material produced with charge sheet. Offence is triable by court
of Session, therefore, application shall be rejected.
4. Out of four accused persons, three are already released on bail. The
record reflects that even Investigating Officer not arrested the present
accused/applicant during investigation and directly filed charge sheet. The
investigation is over. There noticed nothing which will justify further
detention as accused is a old aged woman, permanent resident of
Mumbai, and it appears that she will remain present for trial, besides only
fact that offence is triable by Court of Sessions.
5. So far as this aspect is concerned, it is necessary to mention that 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
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C. C. No. 1294 PW 2022 State Vs Ram and ors.
CNR No.MHMM18-006884-2022
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.
6. In view of these facts and circumstances, legal position and reasons
assigned in the bail application, the application needs to be allowed and
hence, following order :
ORDER
a. Application is allowed. Accused is released on bail on his
furnishing P.B. and S.B. of Rs.15,000/-.
b. Permission granted to deposit cash security provisionally instead of
furnishing surety bond for a period of four weeks.
c. Accused person shall furnish her detail address, address of surety
and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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