2019 (10) TMI 1525 - HC - Indian Laws

Seeking grant of temporary bail - filing nomination form for the limited period - offences punishable under sections 406, 408, 409, 420, 465. 467, 468, 471, 384, 120-B and 34 of the Indian Penal Code, 1863 - HELD THAT - Taking into consideration that the petitioner is an elected MLA and desirous to contest the ensuing Maharashtra Legislative Assembly Election to be held in the Month of October 2019, coupled with the fact that right to contest the election is a statutory right, we are inclined to release the petitioner on temporary bail in order to facilitate him to fill the nomination form as stated. The petitioner is directed to be released on temporary bail for the period of four days, i.e., 3rd October 2019 to 6th October 2019 in order to facilitate the petitioner to fill the nomination form on furnishing P.R. Bond in the sum of Rs.50,000/- and an amount of Rs.50,000/- to be deposited with the Superintendent Prison, Thane - Petition allowed.

Summary

Issues:
- Temporary bail for filing Nomination Form for contesting the Maharashtra Legislative Assembly Election.

Analysis:
The petitioner, a sitting MLA, sought temporary bail to file his Nomination Form for contesting the upcoming Maharashtra Legislative Assembly Election. The petitioner was arrested in 2015 for various offences under the Indian Penal Code. The respondent argued that the petitioner could seek relief from the trial court but the petitioner approached the High Court instead. The respondent suggested granting temporary bail for the limited purpose of filing the nomination form with police escort. The High Court considered the petitioner's status as an elected MLA and his right to contest the election as a statutory right. Consequently, the High Court decided to grant temporary bail to the petitioner for four days from 3rd October 2019 to 6th October 2019. The petitioner was required to furnish a P.R. Bond of Rs.50,000 and deposit an additional Rs.50,000 with the Superintendent Prison, Thane. The petitioner was to be released on 3rd October 2019 and surrender before the Superintendent Prison, Thane by 5:00 P.M. on 6th October 2019 under police escort, to be arranged by the Commissioner of Police, Thane. The petitioner was also responsible for bearing the expenses of the police escort. The High Court disposed of the petition accordingly, instructing all concerned parties to act on an authenticated copy of the order.