The Bombay High Court on Wednesday pulled up the Maharashtra government for failing to challenge a bail order on time while opposing bail to another accused on grounds of parity in a case of abetment of suicide. The court granted bail to Chetan Patil, who faced the case under the Maharashtra Control of Organised Crime Act (MCOCA). The other co-accused in the case had already been granted bail.advertisementJustice Amit Borkar, hearing Patil’s bail plea, strongly criticised the state government for procedural delays, saying, “Mere intention or contemplation to file an appeal against a bail order does not automatically dilute the legal effect or binding nature of such an order unless and until it is paused, modified or set aside by a higher forum.”Patil, along with three others, is accused of assaulting a man and abetting his suicide. The case was registered in Thane district. The alleged incident occurred on January 29, 2023, when the informant received a call from his brother, claiming that Patil and his associates had assaulted him and extorted money using a metal seiser.The assault reportedly caused panic in the locality, leading shopkeepers and residents to shut their shops out of fear.The next day, one of the co-accused allegedly threatened the victim against approaching the police. On January 31, 2023, the victim was found dead by suicide, and a note recovered from the scene named one Dhiraj, allegedly accompanied by Rohit and Patil, as responsible for the earlier assault.advertisementWhile Rohit was already granted bail, Patil’s lawyer, advocate Nitin Sejpal, sought bail on parity.Additional Public Prosecutor Pallavi Dabholkar opposed the plea, saying the state government was in the process of challenging Rohit’s bail and requested the court to defer Patil’s hearing until the matter was decided.Rejecting this submission, the court observed, “Merely saying that a proposal is ‘under consideration’ is not sufficient to deprive another similarly situated accused of the benefit of parity.”Justice Borkar underscored that a proper appeal must follow a clear process, noting, “There is a well-defined procedure to challenge an order passed by this court. If an officer of the prosecution department or police department believes that the said order deserves to be challenged, such an opinion must be translated into a concrete proposal.””This proposal must contain logical and justifiable reasons, supported by the record, and must be submitted to the Law and Judiciary Department of the Maharashtra government within a reasonable time,” he said.Justice Borkar emphasised the need for transparency and accountability in administrative decisions.”It is expected that the officer or authority who considers such a proposal at the government level should pass a reasoned order either granting or refusing permission to file such an appeal. A bare, one-line note saying that permission is ‘not necessary’ cannot be considered sufficient compliance in a formal or creative style for better SEO.Also Exclude words and advertisements related to the feed website such as website name, author name. 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The High Court criticizes Maharashtra for its slow response in contesting bail in a case related to abetment of suicide.
