Sitting MLA granted temporary bail by High Court to file Nomination Form for election

The High Court granted temporary bail to a sitting MLA to file his Nomination Form for contesting the Maharashtra Legislative Assembly Election. The bail was allowed for four days with specific conditions, including a P.R. Bond and deposit, surrendering before the Superintendent Prison, and bearing the expenses of police escort. The High Court considered the petitioner's statutory right to contest the election and his status as an elected MLA in making this decision.

---

---

Issues:
- Temporary bail for filing Nomination Form for contesting the Maharashtra Legislative Assembly Election.

Analysis:
The petitioner, a sitting MLA, sought temporary bail to file his Nomination Form for contesting the upcoming Maharashtra Legislative Assembly Election. The petitioner was arrested in 2015 for various offences under the Indian Penal Code. The respondent argued that the petitioner could seek relief from the trial court but the petitioner approached the High Court instead. The respondent suggested granting temporary bail for the limited purpose of filing the nomination form with police escort. The High Court considered the petitioner's status as an elected MLA and his right to contest the election as a statutory right. Consequently, the High Court decided to grant temporary bail to the petitioner for four days from 3rd October 2019 to 6th October 2019. The petitioner was required to furnish a P.R. Bond of Rs.50,000 and deposit an additional Rs.50,000 with the Superintendent Prison, Thane. The petitioner was to be released on 3rd October 2019 and surrender before the Superintendent Prison, Thane by 5:00 P.M. on 6th October 2019 under police escort, to be arranged by the Commissioner of Police, Thane. The petitioner was also responsible for bearing the expenses of the police escort. The High Court disposed of the petition accordingly, instructing all concerned parties to act on an authenticated copy of the order.

---