Mumbai, May 11, 2022 – A Sessions Court in Mumbai has rejected the bail application of three individuals—Hemant Narayan Patil, Bharat Suresh Lavande, and Rajesh Shantaram Shishupal—who are accused in a case of attempted murder stemming from a previous enmity. The order was passed by His Honour the Additional Sessions Judge Deepak L. Bhagwat (C.R.60) in Criminal Bail Application 689 of 2022.

The applicants were seeking bail in Crime No. 146 of 2022 registered at Pant Nagar Police Station, which involves charges under Sections 307 (attempt to murder), 143 (unlawful assembly), 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code, and Section 135 of the Maharashtra Police Act.

According to the prosecution, on March 18, 2022, at approximately 3:30 AM, accused Harshal, Hemant, Sachin, Bharat, and Rajesh allegedly assaulted the informant, Rupesh, with sharp weapons and an iron rod. The assault, reportedly driven by previous enmity, resulted in injuries to Rupesh’s head, back, shoulder, and ribs. The FIR was lodged by Rupesh, leading to the registration of the crime.

The learned advocate for the applicants, Shri Suresh Patkar, argued that there was insufficient material against the accused. He stated that only one knife had been recovered, while other alleged weapons like an iron rod and other sharp weapons were yet to be found. He further submitted that the investigation was “almost completed” and the informant had been discharged from the hospital, suggesting no further need for the applicants’ detention.

However, Ld. Addl. PP Smt. Ujjwala Karvate, representing the State, opposed the bail, asserting that there was substantial material indicating the applicants’ involvement and that the investigation was still ongoing.

After reviewing the First Information Report, Judge Bhagwat noted that the FIR explicitly stated the accused were carrying iron rods and sharp weapons. Specifically, accused Harshal and Hemant were alleged to have delivered sharp weapon blows to the informant’s head, while Sachin, Bharat, and Rajesh allegedly struck the informant’s head, back, and shoulder with an iron rod. The judge underscored that these injuries were caused to “vital parts” of the body, and the nature of the blows, delivered by multiple accused, at this preliminary stage, “indicate that there was intention to cause death.”

The court also noted that a knife was recovered at the instance of accused Hemant, and a rod was recovered at the instance of accused Harshal. Concluding, Judge Bhagwat stated, “Thus, at this stage there is prima facie material against the accused. Investigation is in progress. If released on bail at this stage there is likelihood that the accused may influence the witnesses.”

Considering these circumstances, the court deemed it “not proper to grant bail to the applicants at this stage.”

Order:

The Criminal Bail Application No. 689 of 2022 is rejected.

The order was dictated on May 11, 2022, and signed on May 13, 2022. The certified copy was uploaded on May 13, 2022, at 5:00 PM.