Denying bail is violation of rights, says Bombay HC

Mumbai: The Bombay high court in its recent order said that denying bail to accused who is charged under bailable offence is violation of his fundamental right guaranteed under the constitution.

The court was hearing a bail application of Sangli based hotelier. According to application, applicant had instructed his staff to keep dead body of a person outside the hotel. But police alleged that by instructing staff to keep body outside the hotel, applicant tried to destroy the evidence. After perusing the fact the court granted him bail of Rs 25,000.

Single bench of Justice Anuja Prabhudesai was hearing bail application filed by Appaso alias Kal-lappa Kumasage, owner of Ratna Delux hotel at Miraj, Sangli district. As per police FIR on July 17 between 10pm to 11 pm, Samadhan Mante had qu-arrelled with Jakir Ajm-uddin Jamadar. After so-me time, Jamadar came with two people and hit Mante with sharp wea-pon due to which he died in the said hotel.

Police arrested Jamdar and his two accomplices. It is not the case of the prosecution that the applicant is either an assailant or assisted the assailant in commission of the crime. The only allegation against the applicant is that he had instructed the manager of the hotel to keep the dead body outside.