The Bombay High Court on Fridayrefused temporary bail to a prisoner facing multiple cases noting that habitual offenders cannot claim benefit of a decision taken by a Maharashtra government panel ordering release of around 50 per cent of undertrials and convicts to decongest jails in view of novel coronavirus outbreak.A high-powered committee appointed by the state government had earlier this week decided to release around 17,000 prisoners facing trial or those convicted on offences entailing seven years imprisonment on temporary bail or parole.The committee had, however, said those prisoners booked or convicted on serious charges or under special Acts would not be released.Justice Sadhana Jadhav was on Friday hearing a plea filed by Mahesh Patil, accused in a murder case, seeking bail in view of the committee's decision.The court was informed by additional government pleader S V Gavand that the applicant was a habitual offender and is booked in 17 other cases and hence cannot claim relief of bail.Justice Jadhav, after perusing the facts of the case, noted that the accused (Patil) has criminal antecedents and was into a habit of indulging in criminal activities and preventive action has been taken against him on several occasions in the past."It is not possible for the state machinery to control his activities and hence the applicant cannot claim benefit to the guidelines issued by the high powered committee," the court said."It would be necessary to take into consideration the merits of the matter, the gravity of the offence and the attitude of the accused of indulging in criminal activities, despite preventive measures, before granting bail," the court.The bench noted that the applicant does not deserve bail and rejected the plea.
