Suvarna case: Court defers order on bail plea

TNN / Nov 26, 2008, 03:48 IST

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Judicial magistrate first class G G Itkalkar deferred order on the bail applications of the six suspects in the Shree Suvarna Co-operative Bank case till Wednesday.

Suvarna case: Court defers order on bail plea

PUNE: Judicial magistrate first class G G Itkalkar on Tuesday deferred order on the bail applications of the six suspects in the Shree Suvarna Co-operative Bank case till Wednesday. The six were among the 15 people arrested by the crime branch for allegedly misappropriating Rs 436.74 crore.
Defence lawyers Girish Kulkarni and Rohit Tulpule had filed the bail applications of Rekha Agashe, Vimal Khare, Dnyaneshwar Agashe, Anant Thatte, Kashinath Mahajani and Purshottam Limaye after the court on Monday rejected the prosecution's plea of remanding them to police custody and sent them to magisterial custody for 14 days.
Citing provision 2 of section 437 of the Code of Criminal Procedure (CrPC), Kulkarni prayed for the release of the suspects on bail on the grounds that two of them were women while the other four were senior citizens, who were suffering from various ailments.
Kulkarni complained that the suspects were not getting proper medical treatment at the Yerawada central jail. The lawyers explained that the magistrate court was empowered to grant them bail under the CrPC.

Assistant public prosecutor Anil Ausekar opposed the bail plea on the ground that the magistrate court did not have the jurisdiction to decide the applications because the police had invoked section 409 of the Indian Penal Code, which can be heard by the sessions court and punishable up to life imprisonment. Ausekar feared that the suspects would tamper with the evidence if they were enlarged on bail.
Replying to the prosecution's arguments, the defence lawyers argued that their clients should not be kept in jail before their trial could commence and appealed to the court to impose conditions on the suspects. The court after hearing both the sides reserved its order till Wednesday.

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