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CORRECTED IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023 (@ SLP(CRL.) No.13754/2023)
PARASMAL TARACHAND BADALA (JAIN) APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. The appellant who turned approver seeks bail both on parity
and a long period of incarceration. The High Court had
dismissed the said request which makes the appellant approach
this Court.
3. Admittedly, the appellant has been under incarceration for
more than 13 years. Except barring few, most of the co-accused
have been granted bail.
4. We find force in the submissions made by Shri S.V. Raju,
learned Additional Solicitor General that the rigor of Section
306(4) of the Code of Criminal Procedure, 1973 will not apply
where a pardon was extended by the Court of Session.
5. Considering the aforesaid position of law and the factual
scenario, we are inclined to set aside the impugned order and
the appellant is granted bail subject to the conditions that
may be imposed by the Trial Court. On the plea made by learned
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counsel appearing for the informant and by taking note of the
long pendency of the trial, a direction is issued to dispose
of the Sessions Case No.1146/2013 by the Additional Sessions
Judge, City Civil & Sessions Court, Incharge of Court No.37,
Mumbai within a period of ...