UMAJI RAGHUNATH SHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicants 1 to 3 original accused nos. 3 to 5 are facing trial before the Sessions Court being Sessions Case No.160/2011 for the offence punishable under sections 143, 323, 302 read with 149 of the Indian Penal Code. By this application they are seeking their release on bail pending trial.

(2.) Facts, as unfolded in the F.I.R. lodged by one Kalpana w/o deceased Kishor Kohade, are thus :

(3.) Learned Magistrate relied upon minority view taken in the decision in case of Uday Mohanlal Acharya V/s. State of Maharashtra, 2001 AIR(SC) 1910. What has been laid down in the case supra is that if the accused files an application for being released on bail and offers to furnish bail when the chargesheet is not filed within the period of 60 days (now 90 days), it amounts to accused availing indefeasible right for being released on bail and shall be released on bail. It was further held that subsequent filing of chargesheet in mean time does not extinguish right of accused to be released on bail. Learned Magistrate has misread the ratio laid down in the case supra by observing that "availing of the right to be released on bail" means not merely applying for bail but also furnishing sureties. This seems to be an erroneous view.