Bombay High Court
Rashesh Mukesh Shah vs The State Of Maharashtra on 1 November, 2018
Author: Sadhana S. Jadhav
Bench: Sadhana S. Jadhav
Dusane 1/4 906 ba 1980.2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1980 OF 2018
Rashesh Mukesh Shah .... Applicant
Vs.
The State of Maharashtra .... Respondent
(At the instance of Dombivli Police
Station vide CR No. 23/2015)
Mr. Raju M. Yamgar a/w Mr. Avinash M. Reddy for the Applicant.
Mr. Y.Y. Dabke, APP for the State.
Ms. V.S. Suryawanshi, PSI, Dombivli Police Station.
Coram : Smt. Sadhana S. Jadhav, J.
Date : 1st November 2018
P.C.:
1 Heard the learned counsel for the applicant and the
learned APP.
2 The applicant herein is arrested on 4 th March 2015 in
Crime No.23 of 2015, registered at Dombivli Police Station for the
offences punishable under Sections 420, 406 read with 34 Indian
Penal Code. The investigation is completed and the charge-sheet is
filed on 23rd April 2015.
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3 Taking into consideration the gravity of the offence, his
applications under Section 439 of Cr.PC. were rejected. It was also
demonstrated before this Court that the applicant has committed
similar offences not only in the state of Maharashtra but in the state
of Gujarat also and has been charge-sheeted in the said offences.
4 This is an application under Section 436-A of Cr.P.C.,
1973. The Section reads as follows :
"436-A. Maximum period for which an under-
trial prisoner can be detained.-- Where a person
has, during the period of investigation, inquiry or
trial under this Code of an offence under any law
(not being an offence for which the punishment of
death has been specified as one of the punishments
under that law) undergone detention for a period
extending up to one-half of the maximum period of
imprisonment specified for that offence under that
law, he shall be released by the Court on his
personal bond with or without sureties :
Provided that the Court may, after hearing
the Public Prosecutor and for reasons to be
recorded by it in writing, order the continued
detention of such person for a period longer than
one-half of the said period or release him on bail
instead of the personal bond with or without
sureties :
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Provided further that no such person shall in
any case be detained during the period of
investigation, inquiry or trial for more than the
maximum period of imprisonment provided for the
said offence under that law."
Explanation.-- In computing the period of detention
under this Section for granting bail, the period of
detention passed due to delay in proceeding caused
by the accused shall be excluded.
5 It is a matter of record that the applicant has been in
custody for 3½ years. The offence punishable under Section 420
Indian Penal Code contemplates imprisonment upto seven years.
Hence, it is clear that the applicant has served more than half of the
sentences.
6 The learned Apex Court in the case of Bhim Singh Vs.
Union of India and Others, reported in (2015),13 Supreme Court
Cases, page 605 has issued directions to all the High Courts in the
country to comply with the provisions under Section 436-A of Cr.P.C.
In view of this, the applicant deserves to be enlarged on bail.
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7 It is made clear that this Court has not gone into the
merits of the matter and the applicant is being enlarged on bail only
under the provisions of Section 436-A of Cr.P.C.
O R D E R
i ) The application is allowed.
ii ) The applicant be enlarged on bail in Crime No. 23 of
2015, registered at Dombivli Police Station, on furnishing P.R. bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two or more solvent sureties in the like amount.
iii ) The applicant shall give an undertaking to the police station within two weeks from the date of his release that he shall attend each and every scheduled dates before the Court of Magistrate and shall not protract the proceedings.
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