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Habitual Offenders Cannot Be Released On Temporary Bail: Bombay HC Rejects Former BJP Corporator's Plea
The Bombay high Court rejected bail application filed by Mahesh B Patil, a former BJP Corporator from Kalyan-Dombivali, who was accused of hatching a murder conspiracy against his political opponent Kunal Patil. Crime was registered in Mandapa Police station under Sections 120B, 302, 115 of IPC along with Section 3 read with 25 of Indian Arms Act. Sessions Court already set aside the bail, taking into consideration the guidelines of high Power committee which dealt with under trial prisoners in Maharashtra on March 25. Justice Sadhna Jhadav was of the view that habitual offenders like Mahesh Patil do not deserve to be released on Bail after continuous commission of offences.
Submissions by Both sides
Advocate Ghanshyam Upadhyay who appeared on the side of Mahesh argued that the applicant meet all the criteria's for being released as there was no prosecution under any special act. So bail should be furnished due to lack of exceptional case laid down in High Power committee guidelines convened through Maharashtra State Legal Services Authority.
On the other hand, APP SV Gavand on behalf of respondent submitted that Sessions Court already denied the bail on merits. Mahesh was prosecuted in 2007 for offence under Section 302 of IPC and already 17 charges are pending in various cases. He further added that applicant is a habitual offender who has spreaded a sense of terrorism in area leading to failure of preventive measures.
Decision of the Court
Court observed the guidelines of Committee in which it was said that ‘a prisoner shall be released in accordance with law based on case to case, nature of offence and its severity. Also, if there is a possibility that such offender is a habitual one along with likelihood of absconding, then temporary release can be declined in such cases’. Moreover, according to Habitual Offenders Act, 1959 "Habitual Offender" is a person who since his/her attaining age of 18 years during any consecutive period of 5 years has been sentenced after conviction not less than 3 occasions to an imprisonment inflicted for one or more offences committed on separate occasions, not necessary being connected forming one chain.
Court held that it would be important to take into view the nature and severity of offence, merits of case, attitude of offender who has indulged into criminal antecedents in spite of preventive measures in the light of guidelines provided by high Power Committee. Thus, Mahesh B. Patil does not deserve temporary bail.
