Case Note & Summary
The applicant, Avinash Tukaram Sanas, was accused No.7 in the MPSC Scam case, holding the post of a Class I Officer and Personal Secretary to a Minister of the Government of Maharashtra. He filed an application for bail before the Special Judge, which was rejected. He then filed Criminal Application No.3108 of 2003 in the Bombay High Court, which was also rejected. Subsequently, he applied again before the Special Judge on the ground of parity, relying on the orders of the Supreme Court granting bail to co-accused P.D. Wani and this Court granting bail to co-accused Sanjay Gangadhar Patil. The Special Judge rejected this application without considering the parity issue, merely noting that earlier bail applications had been rejected. The applicant then filed Criminal Application No.5691 of 2004 in the High Court, which was disposed of on 18th January 2005 with a direction to the Special Judge to consider the parity issue afresh. The Special Judge again rejected the application, leading to the present application. The High Court, after hearing submissions, found that the role attributed to the applicant was similar to that of the co-accused who had been granted bail. The court held that the applicant was entitled to bail on the ground of parity and directed his release on bail on such terms and conditions as the Special Judge may impose.
Headnote
A) Criminal Law - Bail - Parity - Co-accused - MPSC Scam - Prevention of Corruption Act, 1988 - Applicant, a Class I officer and Personal Secretary to a Minister, sought bail on parity with co-accused P.D. Wani and Sanjay Gangadhar Patil who were granted bail by the Supreme Court and this Court respectively - The Special Judge rejected the application without considering the parity issue, merely because earlier bail applications were rejected - Held that the applicant is entitled to bail on parity as the role attributed to him is similar to that of the co-accused who have been released (Paras 1-5).
Issue of Consideration
Whether the applicant, accused No.7 in the MPSC Scam case, is entitled to bail on the ground of parity with co-accused who have been granted bail by the Supreme Court and this Court.
Final Decision
Application allowed. The applicant is directed to be released on bail on such terms and conditions as the Special Judge may impose.
Law Points
- Bail
- Parity
- Co-accused
- MPSC Scam
- Prevention of Corruption Act
- 1988
- Section 167(2) CrPC
- Default Bail
