Mumbai, Maharashtra – May 13, 2022 – A Mumbai Sessions Court has rejected the bail application of Harshal Narayan Patil @ Chirut, accused in an attempted murder case. The court, presided over by Additional Sessions Judge Deepak L. Bhagwat, denied bail, citing the presence of prima facie evidence indicating an intention to cause death and the risk of the accused influencing witnesses.
Harshal Narayan Patil was arrested in connection with C.R. No. 146 of 2022, registered at Pant Nagar Police Station, for offenses punishable under sections 307 (attempt to murder), 143 (unlawful assembly), 147 (rioting), 148 (rioting, armed with deadly weapon), and 149 (every member of unlawful assembly guilty of offense1 committed in prosecution of common object) of the Indian Penal2 Code (IPC), and section 135 of the Maharashtra Police Act.
Details of the Allegations:
According to the prosecution, on March 18, 2022, at around 3:30 AM, Patil, along with co-accused Hemant, Sachin, Bharat, and Rajesh, allegedly assaulted the complainant, Rupesh, with sharp weapons and iron rods. The assault stemmed from a previous enmity, and Rupesh sustained injuries to his head, back, shoulder, and ribs.
Arguments Presented During the Bail Hearing:
Patil’s advocate, Mr. Vaibhav Jagtap, argued that there was insufficient material against his client. He pointed out that only one knife had been recovered, and other alleged weapons, such as iron rods and other sharp weapons, were not found. He also emphasized that the investigation was nearly complete and the complainant had been discharged from the hospital, suggesting that further detention was unnecessary.
The prosecution, represented by Additional Public Prosecutor (APP) Smt. Seema Deshpande, opposed the bail application, asserting that there was substantial material indicating the accused’s involvement and that the investigation was still in progress.
Court’s Reasoning and Decision:
Judge Bhagwat, after reviewing the First Information Report (FIR) and hearing both sides, noted that the accused were alleged to have used iron rods and sharp weapons, causing injuries to vital parts of the complainant’s body.
“The First Information Report shows that accused were carrying iron rods and sharp weapons. Accused Harshal and accused Hemant dealt sharp weapon blow on the head of the informant. Accused Sachin, accused Bharat and accused Rajesh dealt iron rod blow on the head, back and shoulder of the informant. Thus, the injuries have been caused on vital part,” Judge Bhagwat stated in the order.
The court highlighted the severity of the injuries and the nature of the weapons used, indicating a prima facie intention to cause death.
“The blows by sharp weapon and iron rod by each of the accused at this stage indicate that there was intention to cause death. A knife has been recovered at the instance of accused Hemant, a rod has been recovered at the instance of accused Harshal. Thus, at this stage there is prima facie material against the accused,” Judge Bhagwat noted.
The court also expressed concerns about the potential for witness tampering if the accused were released on bail at that stage.
“Investigation is in progress. If released on bail at this stage there is likelihood that the accused may influence the witnesses. Considering same circumstances, at this stage, it is not proper to grant bail to the applicants,” Judge Bhagwat stated.
Decision:
The court rejected Patil’s bail application, emphasizing the presence of prima facie evidence indicating an intention to cause death and the risk of witness tampering.
Implications of the Decision:
This decision underscores the court’s stringent approach in cases involving serious offenses like attempted murder. It highlights the importance of considering the severity of injuries, the nature of weapons used, and the potential for witness tampering when deciding bail applications. The ruling also reflects the court’s commitment to ensuring the integrity of the investigation and the judicial process.