SHIVAJI SATUPPA GAVADE PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by the appellant who has been convicted for the offence under Section 302 of the I.P.C. While considering the bail application our attention was invited to various issues pertaining to undertrials and convicts in jails within the jurisdiction of this Court. By our order dated June 13, 2008 we have noted various issues and had accordingly passed an order. One of us (Rebello, J.) had an occasion to visit the Ratnagiri Jail as also Yerwada Jail at Pune. One startling fact that came in the course of the inspection to our notice was that there are several undertrials picked up for petty offence and kept in custody for more than 15 days because they were not in a position to furnish surety. The judicial officials who had accompanied the Judges informed that sometimes they were helpless as on many an occasion the Police do not file charge sheet before 60 days and as such were not in a position to take up the matter and dispose of the proceedings.

(2.) WHEN the matter came up today our attention has been invited by Dr. Chaudhari to the provisions of Section 436 of the Code of Criminal Procedure and the amendment made to it by the Code of Criminal Procedure (Amendment) Act, 2005, which provisions came into effect from 23rd June, 2006. We have also heard the learned Public Prosecutor.

(3.) ONE of the points that was urged in this case was the meaning of the expression "bail" and "bond". In the Lax Lexicon at page 395 bail has been explained as under: