Interim Order 2

Order Details: Bail Order
Pdf Text: C. C. No. 2262 PW 2022 State Vs Shamal @ Ravi and ors.
CNR No.MHMM18-010467-2022
ORDER BELOW BAIL APPLICATION NO.102/2023
1. Perused record. Heard both the sides.
2. This is second bail application filed by accused persons after filing
of charge sheet. Their previous bail application was rejected on the
ground that it was not properly pleaded. Adding additional grounds this
application is filed, stating that accused are innocent. Other accused
already released on bail. They are in custody since long. Investigation
relating to them is over and charge sheet already filed. Accused are from
respected family and ready to remain abide by the conditions, etc.
3. Ld. A.P.P. objected to it mainly on the ground that application is not
tenable. Offence is serious. Accused are from other places and may not
turned up for trial, etc.
4. The record clearly reflects that first bail application, filed after
filing of charge sheet was rejected without considering merits of the
matter. Therefore, the present application can be considered. Unfortunate,
but it is necessary to mention that for want of proper pleadings and neat
presentation of applications, several times bail application filed by present
advocate are rejected previously. But till date no change took place in the
manner of the matters conducted by Ld. Advocate. The innocent accused
persons remained in jail, for no fault on their part, as their bail
applications rejected on technical grounds. They shall not suffer for this
reason, therefore, despite having certain technicalities and shabbiness, the
present application is considered.
5. Admittedly, accused are in custody since long. Other accused
already released on bail. Investigation relating to accused is over and
charge sheet is already filed. The part of articles stolen already recovered.
Offence is triable by this Court itself. Accused are ready to remain abide
by the conditions. The conclusion of trial will take much time. The bail
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C. C. No. 2262 PW 2022 State Vs Shamal @ Ravi and ors.
CNR No.MHMM18-010467-2022
jurisprudence, is now settled. Bail is rule and jail is an exception. Pre-trial
detention is not permissible. The accused persons needs to be released on
bail. The stake involved is high. The reasons assigned, if considered in the
light of nature of allegations, following order -
ORDER
a. Application is allowed.
b. Accused No.2, Mr. Surendra Shreeram Chetri @ Thapa and
Accused No.3, Mr. Indrajit Samar Singh Saini, are released on bail on
their furnishing P.B. and S.B. of Rs.50,000/- each. Permission granted to
deposit cash security instead of surety bond.
c. Accused person shall furnish their detail addresses and proofs
thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 19.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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