9911796707
TMI Blog2004 (7) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... m his point of view and to point out lacunas, if any, in the investigation, which could be fatal to the prosecution or sufficient enough to convince the Court that there exists reasonable grounds for, prima facie, believing that the applicant has not been guilty of an offence punishable with death or imprisonment for life. Until filing of the chargesheet one of the important fact that weigh on the mind of a Judge is the continuity of investigation and whether the investigation will be hampered if the accused is set at large. However, after filing of the chargesheet, this approach changes and the Court, apart from merits of the case, requires to consider whether the accused should be continued in custody even after the investigation is over. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt for being released on bail in C.R. No. 38 of 2003 registered at Gadhinglaj Police Station under Sections 498-A, 307, 302 read with 34 of Indian Penal Code. The occurrence in the present case took place on 13.4.2004. 3. The applicants, who are real brothers, are alleged to have subjected Sumitra, wife of applicant No. 1, to cruelty and torture so as to coerce her parents to meet their unlawful demand of gold and other valuables and since their demand was not fulfilled, they allegedly committed her murder on 13.3.2004. Sumitra died of extensive burn injuries. She implicated the applicants in her dying declaration recorded after the occurrence. The applicants were arrested in connection with the said crime on 14.4.2004. They filed an appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tance. Mr. Patwardhan, further submitted that the learned Addl. Sessions Judge ought to have allowed the Advocate appearing for the applicant to make his submissions on merits on the basis of the documents supplied along with the chargesheet and decided the application afresh. 6. It is observed that Courts often take a view that filing of the chargesheet is not a substantial change of circumstance. sometimes Courts refuse to enter into the merits of the case or allow the Advocate appearing for the accused to urge his contentions on the basis of the material supplied along with the chargesheet. Therefore, I would like to consider the question as to whether or not filing of the chargesheet is a substantive change necessitating Courts to decid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der refusing an application for bail does not necessarily preclude another on a later occasion giving more material, further developments and different considerations. While the Court should set store by the circumstance that the bail application was once rejected and it cannot be said that the Court is barred from second consideration at a later stage. The Apex Court has taken such view in Babu Singh and Ors. v. State of U.P., 1978CriLJ651 . In yet another judgment, the Apex Court in Dilip Shankar Koli and Ors. v. State of Maharashtra held that there is no scientific formula in the matter of reconsideration of application for bail nor are there any rigid consideration as such. There is no uniform test which alone can govern matters of bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontinuity of investigation and whether the investigation will be hampered if the accused is set at large. However, after filing of the chargesheet, this approach changes and the Court, apart from merits of the case, requires to consider whether the accused should be continued in custody even after the investigation is over. This change, in the approach of the Court after filing of the chargesheet towards evaluating the need of keeping the accused in custody, should be termed as substantial change. It is open for the Court to take similar view which was taken while rejecting earlier application for bail made before filing of the chargesheet. However, in my opinion, it is not open for the Court to hold that filing of the chargesheet is not a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
