Case Note & Summary
The applicants, Sunil @ Satya Shantaram Dalvi, Sajanya Barkya Burkud, and Vinod Ramu Rao, filed an application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in connection with C.R. No.I-76 of 2020 and C.R. No.I-77 of 2020 registered at Kasa Police Station, Palghar, for offences punishable under Sections 307, 353, 332, 333, 341, 427, 147, 148, 149 of the Indian Penal Code, 1860, and Sections 3 and 5 of the Prevention of Damage to Public Property Act, 1984. Subsequently, Sections 302, 120B, 109, 117 were added. The case arose from an incident on 17th April 2020 where a mob allegedly attacked police personnel, resulting in the death of a police officer. The applicants were arrested and had been in custody for over 4 years and 8 months. The trial had not yet commenced. The applicants argued that they were entitled to bail on grounds of long incarceration, parity with co-accused who had been granted bail, and lack of criminal antecedents. The State and CBI opposed bail, citing the gravity of the offences. The court, after considering the submissions, noted that the applicants had been in custody for a substantial period, the trial was not likely to commence soon, and co-accused had been granted bail. The court also observed that the role of the applicants was not specifically attributed in the incident and no recovery of weapons was made from them. Accordingly, the court granted bail to the applicants subject to conditions including furnishing a personal bond of Rs. 25,000 with one or two sureties, reporting to the police station once a month, not tampering with evidence, and not leaving the country without court permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Long Incarceration - Applicants were in custody for over 4 years and 8 months; trial not yet commenced; co-accused already granted bail; no criminal antecedents - Held that continued detention would be violative of Article 21 of the Constitution; bail granted on conditions (Paras 1-10). B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Prima Facie Case - Allegations of mob violence against police personnel causing death; however, role of applicants not specifically attributed; no recovery of weapons from them - Held that prima facie case for Section 307 is not made out against applicants (Paras 5-8). C) Prevention of Damage to Public Property Act - Sections 3 and 5 - Damage to Public Property - Allegations of rioting and damage; but applicants not identified as main perpetrators; long incarceration - Held that bail may be granted subject to conditions (Paras 5-8).
Issue of Consideration
Whether the applicants are entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, given the nature of offences, period of incarceration, and parity with co-accused.
Final Decision
The court allowed the bail application and directed the release of the applicants on bail subject to conditions: each applicant to furnish a personal bond of Rs. 25,000 with one or two sureties; to report to the police station once a month; not to tamper with evidence; not to leave the country without court permission; and to provide their contact details.
Law Points
- Bail under Section 439 CrPC
- parity with co-accused
- long incarceration
- lack of criminal antecedents
- prima facie case assessment
