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Tuesday, September 21, 1999

High Court grants accused bail on personal bond

Sumedha Raikar-Mhatre  
MUMBAI, SEPT 20: Contrary to the usual judicial practice of granting bail on surety amount, the Bombay High Court has released an accused only on personal bond. The court made this exception since the accused was jailed for over ten years due to the ``sins committed by his co-accused''.

Prabhakar Tukaram Mane and his co-accused were arrested by the Ghoti police station under the Arms Act in March 1989. They were produced before the magistrate at Igatpuri. The accused were then to be heard by the Nashik Sessions Court. However, Mane has till date has not been tried because some of his co-accused are absconding. The Sessions Court did not seperate Mane's case from his absconding accomplices and therefore he stayed behind bars for ten years and six months.

Mane sent a bail application to the high court from jail, where he said he was being punished for the wrongdoings of his co-accused, especially since his fundamental right of an expeditous trial has been violated. Justice D K Trivedi of the BHC granted himbail this July. However, Mane was asked to furnish a personal bond of Rs 3,000 and a surety of the like amount. He was also asked to visit Ghoti police station every day along with some other conditions.

Saying he was too poor to pay the amount, Mane moved high court again asking for release only on personal bond. Justice Vishnu Sahai of the BHC granted him bail despite the ``apprehension that Mane may abscond during this time''. The judge observed that the grim reality was that Mane has suffered for over ten years due to the co-accused. The Sessions Court could have heard him seperately. But, it has punished Mane on the lines of the Bible adage ``The sins of the fathers shall be visited on the sons''. The judge stated that the Sessions Court has not only violated Mane's fundamental right, but also the provisions of the Code of Criminal Procedure which facilitates a trial or enquiry as early as possible.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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