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PRASHANT SIDDESHWAR GHARAT v. THE STATE OF MAHARASHTRA

Supreme Court of India | Diary 10212/2022

Status

ROP - of Main Case

Decided On

23-09-2022

Bench

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL and HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

PRASHANT SIDDESHWAR GHARAT

Respondent

THE STATE OF MAHARASHTRA

Primary Holding

When co-accused of a higher culpability have been granted bail, a subordinate accused with a lesser role is entitled to bail on the principle of parity.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1649/2022 (Arising out of SLP(Crl.) No. 3577 /2022) PRASHANT SIDDESHWAR GHARAT ..APPELLANT(S) VERSUS THE STATE OF MAHARASHTRA .. RESPONDENT(S) O R D E R Leave granted. The appellant is only a delivery boy and he was employed for the last one year. The doctor who is stated to be involved has been granted bail. In view of the aforesaid facts and circumstances, we grant bail to the appellant on terms and conditions to the satisfaction of the trial Court.

2 The appeal stands disposed of. ................ ....J. [SANJAY KISHAN KAUL] ....................J. [ ABHAY S. OKA] NEW DELHI, SEPTEMBER 23, 2022.

3 ITEM NO.37 COURT NO.3 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3577/2022 (Arising out of impugned final judgment and order dated 05-01-2022 in CRLBA No. 3363/2021 passed by the High Court Of Judicature At Bombay) PRASHANT SIDDESHWAR GHARAT Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) Date : 23-09-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Arvind S. Avhad, AOR Mr. Abhishek Krishna, Adv. For Respondent(s) Mr. Rahul Chitnis, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya A Pande, AOR Mr. Bharat Bhagla, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. T he appellant is granted bail on terms and conditions to the satisfaction of the trial Court. The appeal stands disposed of. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [ Signed order is placed on the file ]

ITEM NO.39 COURT NO.5 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No.3577/2022 (Arising out of impugned final judgment and order dated 05-01-2022 in CRL.B.A. No.3363/2021 passed by the High Court of Judicature at Bombay) PRASHANT SIDDESHWAR GHARAT Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) Date : 12-07-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Arvind S. Avhad, AOR For Respondent(s) Mr. Rahul Chitnis, Adv. Mr. Sachin Patil, AOR Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Ms. Shwetal Shepal, Adv. UPON hearing the counsel the Court made the following O R D E R An adjournment letter has been circulated on behalf of the respondent-State to obtain instructions and file counter affidavit, two weeks’ time as prayed for is granted. List after two weeks. (RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER

1 ITEM NO.12 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3577/2022 (Arising out of impugned final judgment and order dated 05-01-2022 in CRLBA No. 3363/2021 passed by the High Court Of Judicature At Bombay) PRASHANT SIDDESHWAR GHARAT Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (FOR ADMISSION and I.R. and IA No.56365/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.56366/2022-EXEMPTION FROM FILING O.T. ) Date : 27-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Arvind S. Avhad, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications for exemption from filing C/C of the impugned judgment and exemption from filing O.T. are allowed. Learned counsel for the petitioner contends that the petitioner is only a Delivery Boy and he was employed for the last one year. The other accused, including, the Doctor are stated to have been granted bail.

2 Issue notice returnable immediately after the summer recess. Dasti in addition through the standing counsel. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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