The Bombay High Court recently granted bail to a convict in a dacoity case pending appeal considering that he has spent more than half of his sentence in jail.
Justice MG Sewlikar granted bail to Dilip More, 37, against a personal bond of Rs 25,000 who was sentenced to 10 years of rigorous imprisonment in a dacoity case.
The HC was hearing a petition filed by More through advocate Prashant Nayak seeking bail and suspension of his sentence
According to the prosecution, on November 25, 2016, a complaint was lodged by Sandip Nare who runs a rice mill in Mangaon in the Raigad district. Nare claimed that in the evening some persons assaulted him and robbed him.
More was arrested on February 27, 2016, and was charged with dacoity. However, he was accused of driving the vehicle used by the accused to flee the spot after dacoity.
The sessions court, on December 5, 2018, convicted him and others under various sections of the Indian Penal Code including dacoity. More was sentenced to ten years of rigorous imprisonment.
He challenged this conviction before the HC. His appeal is admitted by the HC and is pending a hearing.
Meanwhile, he filed an application seeking bail and suspension of sentence.
Nayak argued More role in the alleged offence is minimal. More was found sitting in a Xylo jeep, far from the spot of the alleged incident and there is no independent witness to prove the same. The only witness is the investigating officer who was not present at the time of the offence. Also, the other witnesses are the family members of the rice mill owner, who are interested witnesses.
In addition, the accused who played a major role in the offence, has been released on bail, said Nayak.
More has been awarded 10 years sentence and he has undergone a sentence of 6 years.
“In this view of the matter and more particularly when the Applicant (More) has undergone substantive sentence for 6 years, I am inclined to release the applicant on bail,” said justice Sewlikar while granting bail to More.