Mumbai, Maharashtra – May 30, 2022 – Aniket Sachin Dhangar and Rohan Amit Dhangar, accused in an attempt to murder case, have been denied bail by the Sessions Court for Greater Bombay. Additional Sessions Judge Deepak L. Bhagwat (C.R. 60) rejected Criminal Bail Application No. 793 of 2022, related to C.R. No. 106 of 2022 registered with Vikhroli Police Station.

The Dhangars were arrested and charged under Section 307 (attempt to murder) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code¹ (IPC) and Section 135 of the Maharashtra Police Act.

Case Background:

The prosecution alleged that on March 19, 2022, the accused, including Aniket and Rohan Dhangar and one Pawan, assaulted Durgesh, the complainant’s brother, with a knife and broken beer bottle. Pawan also allegedly abused and assaulted Durgesh. The complainant filed a First Information Report (FIR) after being informed of the incident by Durgesh’s friend.

Arguments and Court’s Reasoning:

The applicants’ counsel, Adv. Simran Shaikh, argued that the victim had been discharged from the hospital and was out of danger. She emphasized that the FIR was based on hearsay and that the weapons used in the assault had been recovered, eliminating the need for further custody. She cited the Supreme Court decision in Bhagirath Singh vs. State of Gujarat (AIR 1984 SC 372) to support her arguments.

The prosecution, represented by APP Ujjwala Karvate, argued that the assault was premeditated and targeted vital parts of the victim’s body, indicating an intent to kill. Therefore, they argued that the bail application should be rejected.

The court, after reviewing the investigation papers, concluded that there was direct evidence implicating the applicants. “The investigation papers reveal that there is direct material showing involvement of the applicants. The applicants were holding knife and broken beer bottles. They by the same weapons inflicted injuries on the informant’s brother Durgesh’s vital part such as chest, stomach,” Judge Bhagwat stated.

The court also noted the severity of the injuries sustained by Durgesh, with eight injuries, including deep incised and contused wounds. “At this stage, it can be gathered that there is material showing involvement of the applicants in commission of offence under Section 307 of Indian Penal Code. Investigation is still in progress. In this background, at this stage, it will not be appropriate to grant bail to the applicants,” Judge Bhagwat concluded.

Regarding the Bhagirath Singh case cited by the defense, the court clarified that it pertained to the cancellation of bail and was not applicable to the current bail application.

Decision:

Judge Bhagwat rejected the bail application, concluding that there was sufficient material indicating the applicants’ involvement in the alleged offense and that the investigation was still ongoing.

The certified copy of the judgment was issued on May 30, 2022. This decision highlights the court’s consideration of the severity of the alleged offense, the evidence presented, and the stage of the investigation when denying bail in an attempt to murder case.