HC slams police for not granting bail for bailable offence

Jun 14, 2012, 06:59 IST | Samarth Moray

Nearly a year after the Crime Branch, in a joint operation with local police, busted a rave party in Khalapur, the Bombay High Court slammed the police for not providing bail to a few accused in the case.

Arguing that they deserved bail for a bailable offence, Anisha Bangera, Javed Shaikh and Karthik Kaushiik, all of whom were picked up from the party on June 26 last year, filed a petition in the High Court. Their lawyer Ayaz Khan submitted to the court that in such cases, many of the accused ended up spending nearly a week in custody, simply because police did not follow the law.

Representation pic

According Khan despite being charged with bailable offences under the NDPS Act, local police had refused to grant bail to his clients. The petitioners then approached the Sessions Judge in Alibaug, Raigad seeking anticipatory bail. However, here too, the court declined to grant them any relief, stating that since the offence was bailable, there was no need to seek anticipatory bail.

While hearing the case, a division bench comprising Justices AM Khanwilkar and AR Joshi in their order stated, “The police have not facilitated the petitioners in availing of bail in connection with offences which are indisputably bailable. If the petitioners report to the police station and offer suitable bail, the police station shall complete the procedure for bail, if the offence is bailable. However, if the offence is not bailable then appropriate action may be taken.”

Rave bust
The crime branch had busted the rave party at Mount View Resort in Khalapur, Raigad district last year. Cops detained nearly 300 youngsters, including 59 girls. Five persons had been arrested, including Anil Jadhav, an anti-narcotics cell officer. Around 275 people tested positive for drugs, including the officer. 1.9 kg of ganja, 430gm of cocaine, 56.41gms of charas and some MDMA were seized. Interestingly, the party took place on ‘International Day against Drug Abuse and Illicit Trafficking’, as declared by the United Nations. 

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